When is an Ignition Interlock Device Required?

Free Case Evaluation
woman blowing into ignition interlock device in car

An ignition interlock device is designed to keep the roads safe from intoxicated drivers. Most alcohol-related crimes will result in the mandatory installation of an ignition interlock device, but read on and speak to a Mercer County DUI lawyer to learn whether or not you will be required to use one.

What is an Ignition Interlock Device?

An ignition interlock device (IID) is a machine that can be installed in a car or motor vehicle. It is attached to the ignition system of the vehicle and includes a small breathalyzer, about the size of a cell phone. Every time the driver enters the car they must blow into the breathalyzer before they are able to turn on the engine and drive. If the driver passes the breath test the car will start and they can begin driving. However, if the driver provides a breath sample that includes traces of alcohol, the car will not start. Additionally, the IID requires that breath samples be given periodically while driving to prevent the individual from consuming alcohol after the car is running.

Why Would an Ignition Interlock Device Be Required?

An IID is required when a person is convicted of a crime related to drunk driving. In New Jersey, regardless of the degree of the crime, all DUI convictions involving alcohol will result in the mandatory use of an ignition interlock device.

You will be required to install an IID after a first or subsequent DUI conviction as well as for refusing to submit to a breathalyzer or chemical testing.

How Long Do I Have to Use an IID For?

An individual arrested for drunk driving can voluntarily install an interlock device. Doing this may help your case and reduce your fines and the amount of time that your license is suspended. Generally, however, the following crimes will result in the associated mandatory periods of IID use.

  • First offense of failure to submit to testing: 9 to 15 months
  • Second offense of failure to submit to testing: 2 to 4 years
  • Third offense of failure to submit to testing: 2 to 4 years
  • First offense of alcohol or drug-related DUI: 6 months to 1 year
  • Second offense of alcohol or drug-related DUI: 1 to 3 years
  • Third offense of alcohol or drug-related DUI: 1 to 3 years

It is important to keep in mind that installation of an IID is required during the license suspension period and these time frames do not begin until after the license is restored. An individual who is convicted of a first-offense DUI may have their license suspended for one year. The 6 months to a-year IID period begins after the year suspension has ended.

What if I Do not Install the IID?

Failure to install a court-ordered ignition interlock device in New Jersey can lead to severe penalties on top of the consequences you face from your intoxicated driving conviction. Most notably you could have a year added to your license suspension period. Speak to a trusted attorney for legal advice during your DUI case.

Read Our
Latest Blogs

See all our blogs
man in orange jumpsuit with lawyers

What Rights Does a Defendant Have in a Drug-Related Case?

In a drug case, the defendant has several rights afforded to them by federal law. Keep reading to le...

Read More
person with handcuffs and drugs on table in front of them

Does Having a Prior Conviction Impact Current Drug Penalties?

Having a prior conviction can impact the penalties for a current drug case. Read on for more informa...

Read More
See all our blogs