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An amendment to New Jersey’s drunk driving laws was recently enacted changing the requirements for the use of an ignition interlock device for those convicted of a DWI and/or refusal to submit to a breathalyzer.
An ignition interlock device is an electronic device installed in a motor vehicle, which requires the operator to provide a breath sample into the device prior to operating the vehicle. A person with a blood alcohol level of 0.05% or greater will be prevented from starting the vehicle for one hour. In addition, the device requires periodic samples while the vehicle is being driven. If the device detects a blood alcohol level of 0.05% or greater, it will produce a loud noise and sound the vehicle’s horn alerting the driver to pull the vehicle to the side of the road. Once the vehicle is turned off, it will not restart for an hour.
The ignition interlock device is required for anyone who is convicted of DWI with a blood alcohol level of 0.15% or greater. If there is no evidence of a person’s blood alcohol level, the decision to order the installation of the interlock device is within the discretion of the court. However, installation of an interlock device is required for a person convicted of refusal to submit to a breathalyzer.
For a first DWI conviction, the term of the interlock ranges from six (6) months to one (1) year. For second and subsequent convictions, the term of the interlock ranges from one (1) to three (3) years. The interlock device requirement is in addition to the other penalties for a DWI conviction, including loss of license, fines, surcharges and/or imprisonment.
The law firm of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC handles drunk driving matters in Plainsboro and throughout New Jersey. Our criminal defense lawyers have many years of experience assisting clients with DWI and refusal to submit to a breathalyzer cases. Robert Rowbotham, Gary Grabas and Casey Woodruff are all former Prosecutors. Jon Bramnick is a Certified Civil Trial Lawyer with over 30 years of experience.