If you’re charged with Driving While Intoxicated (DWI/DUI) in New Jersey, one of your most pressing questions is likely about the consequences for your driver’s license. A common question our clients ask is: “Will I have to get an ignition interlock device?”

The answer in New Jersey is overwhelmingly yes.

Following a significant change in the law in 2019, an ignition interlock device (IID) is now a mandatory penalty for nearly all DUI convictions under NJSA 39:4-50, even for a first offense. The days of simply waiting out a license suspension period are over for most drivers. Understanding how this law applies to you is critical.

Brett M. Rosen, Esq., we focus on providing a defense against DUI charges throughout New Jersey, including in Union, Essex, and surrounding counties. The only certain way to avoid the mandatory interlock requirement is to successfully fight the underlying DUI charge.

Contact our office today at 908-312-0368 for a free, confidential consultation to discuss your case.

Mandatory Ignition Interlock Periods for NJ DUI Convictions

The length of time you must have an IID installed in your vehicle depends on your Blood Alcohol Concentration (BAC) and whether you have prior DUI offenses. The device must be installed on any vehicle you own, lease, or principally operate.

• First Offense (BAC 0.08% to < 0.10%): You must install an IID for 3 months. You do not lose your driving privileges during this time, provided the IID is installed.

• First Offense (BAC 0.10% to < 0.15%): You must install an IID for 7 months to 1 year.

• First Offense (BAC ≥ 0.15%): You will first have your license suspended for 4 to 6 months. After the suspension period, you must install an IID for 9 to 15 months.

• Second Offense (within 10 years): Your license will be suspended for 1 to 2 years. Following the suspension, you must use an IID for 2 to 4 years.

• Third or Subsequent Offense (within 10 years): Your license will be suspended for 8 years. After the suspension period, you must use an IID for 2 to 4 years.

• Refusal to Submit to a Breath Test: A first-offense refusal results in a license suspension until you install an IID, which must then remain installed for 9 to 15 months.

Failing to install the required IID will result in an additional one-year driving suspension.

How to Avoid the Interlock: Defending Against the DUI Charge

Since the interlock device is a mandatory penalty upon conviction, the most effective strategy is to challenge the foundation of the state’s case against you. A successful defense can lead to a dismissal or a downgrade of the charges, thereby avoiding the IID requirement altogether.

Potential defense strategies include:

• Unlawful Traffic Stop: Did the police officer have a legitimate, constitutional reason to pull you over in the first place? If not, all evidence gathered from the stop could be suppressed.

• Improperly Administered Field Sobriety Tests: The Standardized Field Sobriety Tests (SFSTs) have strict protocols. We scrutinize dashcam footage and police reports to see if officers made errors during the tests that render their conclusions unreliable.

• Challenging the Alcotest® 7110 Breathalyzer: New Jersey’s breath testing device has complex calibration and maintenance requirements. We can challenge the admissibility of your BAC reading by investigating machine-related errors, incomplete calibration records, or operator mistakes.

• Violation of the 20-Minute Observation Period: Police are required to continuously observe you for 20 minutes before administering the breath test to ensure you do not burp, vomit, or place anything in your mouth. Any interruption can invalidate the test results.

• Medical and Physical Conditions: Certain medical conditions or physical limitations can affect your ability to perform field sobriety tests or can even impact a breathalyzer reading.

Penalties for Violating IID Requirements

In addition to the penalties for the DUI itself (fines, jail time, community service, IDRC classes), there are specific penalties for failing to comply with the IID order:

• Driving a vehicle without a required IID: This is a disorderly persons offense and will result in an additional one-year license suspension.

• Tampering with or circumventing an IID: This is also a disorderly persons offense.

• Having someone else blow into your IID: Both you and the person who provides the breath sample can be charged with a disorderly persons offense.

Frequently Asked Questions (FAQs) About Ignition Interlocks in NJ

Q: Can I get a hardship or work license instead of an interlock in New Jersey? A: No. New Jersey law does not provide for any kind of conditional, hardship, or work-specific driver’s license. If an IID is required, you must install it to drive legally.

Q: What if I don’t own a car? Do I still have to get an IID? A: If you are ordered to have an IID but don’t own a car, your license will be suspended. You cannot get your license reinstated until you provide proof of a vehicle with an IID installed. This means you would need to purchase a car or have a family member agree to have the device installed on their vehicle for you to use.

Q: How much does an ignition interlock device cost? A: Costs vary by provider, but you can generally expect an installation fee of $100-$200 and a monthly monitoring and calibration fee of around $75-$100. These costs are your responsibility.

Q: What happens if I fail a breath test on the IID? A: A failed test (a “lockout”) is reported to the New Jersey Motor Vehicle Commission (MVC). Multiple failed tests can lead to an extension of your IID requirement or other sanctions from the MVC.

Q: My DUI charge is in Elizabeth Municipal Court. Can you help? A: Yes. Brett M. Rosen has extensive experience defending clients in municipal courts across New Jersey, including Elizabeth, Union Township, Roselle, Linden and throughout Union and Essex Counties. We understand the local courts, prosecutors, and procedures.

Don’t Face a DUI Charge Alone. Call Today.

The consequences of a DUI conviction in New Jersey are more complicated and restrictive than ever before. You need an attorney who is deeply familiar with current DUI laws and dedicated to protecting your rights and your driving privileges.

Contact Brett M. Rosen, Esq., for a free and comprehensive case evaluation. Call 908-312-0368 or email us at brett@nynjcriminalcivilesq.com.

Disclaimer: This website provides general information about New Jersey law and is for informational purposes only. The information presented here is not, and should not be construed as, legal advice. Using this website or contacting the firm does not create an attorney-client relationship. Every case is unique, and past results do not guarantee a similar outcome. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.