Penalties Under New Jersey Law for Violating Ignition Interlock Orders

Ignition interlock devices (IIDs) are required to be installed on just about every New Jersey Driving While Intoxicated (DWI) conviction. If you violate New Jersey’s IID requirement, you are subject to a criminal charge. Worthy of note is the DWI is a traffic offense and not a criminal charge. So, in New Jersey, you can get charged criminally for violating your sentence for a traffic offense.

Understanding Current New Jersey IID Law

Under current state law, all first offense DWI convictions must include an IID order instead of a license suspension. More specifically, first-time DWI orders must contain the following provisions:

• BAC between 0.08 and 0.10 percent – IID in the primary vehicle for three months
• BAC between 0.10 and 0.15 percent – IID for seven to 12 months in the vehicle that an individual most commonly operates; the license will remain suspended until IID installation is complete
• BAC over 0.15 percent – IID during their license suspension, as well as nine to 15 months after the suspension ends in the vehicle that an individual most commonly operates

Additionally, for second and subsequent DWI convictions, individuals must maintain IIDs in the vehicles they primarily drive for two to four years after their license suspensions end.

While the IID order remains in effect, the court must require the individual to drive no vehicles other than the vehicle in which an IID is installed. The individual must provide detailed identifying information about the vehicle to the court, and a violation of this duty constitutes perjury under New Jersey law, which is an independent criminal charge with its own penalties.

If a person does not have a valid driver’s license at the time of sentencing, they may not obtain a driver’s license for the duration of the sentence. Likewise, if the individual attests that they do not own a vehicle, they will forfeit their driver’s license for the IID period.

Penalties for Violation of IID Law

Under N.J.S.A. §39:4-50.19, a person who fails to install an ignition interlock on their vehicle as required by a court order will have their driver’s license suspended for one year beyond the suspension or revocation already ordered. The only exception to this general rule is if the court determines that good cause exists for the failure to comply.

Similarly, suppose an individual drives a vehicle other than the one equipped with an IID during the IID order period or starts the vehicle in any way other than by blowing into the device. In that case, they can face an additional one-year license suspension.

Furthermore, subsection (b) of this statute provides that a person is a disorderly person if they:

(1) blow[s] into an interlock device or otherwise start[s] a motor vehicle equipped with such a device to provide an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle;

(2) tamper[s] or in any way circumvent[s] the operation of an interlock device; or

(3) knowingly rent[s], lease[s] or lend[s] a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.

Therefore, anyone who commits any of these actions could be subject to a “disorderly person” charge, resulting in penalties that include a fine of up to $1,000, incarceration for up to six months, and/or probation for up to five years.

Call Us for Legal Representation in Your Criminal Case

You likely have many questions and concerns when you or a loved one face criminal charges. You can rely on the criminal defense attorneys at Rosenberg, Perry & Associates, LLC, to give you the necessary answers. We will evaluate your situation and present the options available in your case. Together, we can decide the best course of action in your case. You can reach us by phone at (609) 216-7400 or visit us online.

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