New Jersey DUI Lawyer Rachel Kugel Clarifies Ignition Interlock Rules for DWI Convictions
In New Jersey, drivers convicted of Driving While Intoxicated (DWI) are subject to strict ignition interlock device (IID) regulations. Rachel Kugel, a respected DUI lawyer from the Kugel Law Firm, clarifies these rules, helping drivers understand their obligations.
Understanding Ignition Interlock Device Requirements
Since December 2019, New Jersey law mandates IID installation for all DWI convictions and breath test refusals. This includes first-time offenders, a significant change from previous regulations under N.J.S.A. 39:4-50.17.
Duration of IID Installation
The length of time an IID must remain installed varies based on blood alcohol concentration (BAC) levels and previous offenses:
- BAC 0.08% – 0.10%: IID required for three months.
- BAC 0.10% – 0.15%: IID installation required for nine to fifteen months.
- BAC 0.15% or higher: IID must remain installed during the license suspension and for an additional twelve to fifteen months following restoration.
Consequences for Repeat Offenders
For drivers with multiple DWI convictions, penalties escalate:
- Second DWI: IID required for two to four years after license restoration.
- Third and subsequent DWIs: IID continues for two to four years, alongside mandatory jail sentences and significant license suspensions.
Refusal to Submit to Breath Tests
Refusing to take a breath test incurs its own IID requirements:
- First refusal: IID required for six to twelve months.
- Second refusal: IID for one to three years, plus a two-year suspension of the driver’s license.
It is crucial to note that penalties for refusal are in addition to any penalties from the underlying drunk driving charges.
Voluntary IID Installation
Starting in 2025, drivers can voluntarily install IIDs before their cases resolve. First-time offenders who opt for early installation earn “2-for-1” credit toward their IID duration. This means for every two days of compliance before conviction, they receive one day off their mandatory IID period.
Financial Considerations
Drivers are responsible for all costs associated with IIDs, including:
- Installation fees of $70 to $150.
- Monthly leasing costs ranging from $50 to $100.
New Jersey provides financial assistance for those whose income falls below the federal poverty level.
Legal Implications of IID Usage
Using another person’s breath for IID samples constitutes a violation under N.J.S.A. 39:4-50.17. Both the driver and the individual providing the sample may face criminal charges, resulting in fines and possible jail time.
Once required to have an IID, drivers are not permitted to operate vehicles that do not have the device installed. This restriction applies to all vehicles, including those owned by others.
Importance of Understanding IID Regulations
Being informed about ignition interlock obligations can help minimize disruption for New Jersey drivers facing DWI charges. Cases are typically addressed at the Jersey City Municipal Court.
For those seeking legal guidance, the Kugel Law Firm specializes in defending individuals charged with drunk driving offenses. Rachel Kugel and her team are committed to assisting clients through these challenging circumstances.
If you need further assistance or want a consultation, contact the Kugel Law Firm at (973) 854-0098.
