Ignition Interlock

April 25, 2024

When Is an Ignition Interlock Device Mandatory After a New Jersey DWI?

New Jersey law imposes numerous penalties for driving while intoxicated (DWI) and related offenses. Penalties like fines, jail time, and driver’s license suspension are fairly well known. Since late 2019, the penalties for all DWI convictions include mandatory use of an ignition interlock device (IID). People with DWI and other convictions must have an IID installed in their vehicle in order to reinstate their license. Interfering with or trying to get around an IID is a separate offense under New Jersey law that can bring additional penalties. This post reviews when state law requires the use of an IID, how long a person must use it after their conviction, and when they may have it removed.

What Is an Ignition Interlock Device?

An IID is a breathalyzer device that attaches to the steering column of a vehicle. A person must blow into the device in order to start the vehicle’s engine. If the breath sample exceeds a certain blood alcohol content (BAC), the IID stops the ignition from sending a signal to the starter, meaning that the vehicle cannot start.

The BAC level at which IIDs prevent ignition is 0.05 percent in New Jersey. Note that this is lower than the “legal limit” of 0.08 percent, at which the law presumes a person is too impaired to drive.

March 10, 2021

Penalties Changed in New Jersey DWI Law Effective Late 2019

by Evan M. Levow

Under New Jersey law, driving while intoxicated (DWI) is a motor vehicle offense that can result in driver’s license suspension, a fine, and a jail sentence. A court may also order someone convicted of DWI to have an ignition interlock device (IID) installed in their vehicle at their own expense. In 2019, the New Jersey Legislature made several changes to the DWI statute. These include modifying the period of driver’s license suspension and making IID use mandatory. The new law took effect at the beginning of December 2019.

Prior DWI Law

Before the new law took effect, New Jersey identified four levels of DWI, based primarily on the number of prior offenses in the ten years preceding the current charge:
1. First DWI offense, with blood alcohol content (BAC) of at least 0.08 but less than 0.10 percent;
2. First DWI offense, with BAC of 0.10 percent or higher;
3. Second DWI offense, regardless of BAC; and
4. Third or subsequent DWI offense.

License suspensions ranged from ninety days for the lowest-level DWI offense, to ten years for the highest. Judges had discretion to order installation of an IID for most first offenses, but it was mandatory for subsequent convictions.

March 9, 2021

How New Jersey DWI Laws Apply to Out-of-State Drivers

by Evan M. Levow

New Jersey’s driving while intoxicated (DWI) laws apply to everyone who drives on this state’s public roadways, regardless of whether they reside in New Jersey or have a driver’s license issued here. A driver from New York, Pennsylvania, Delaware, or any other state is subject to all of New Jersey’s traffic laws and most of the penalties. A recent decision by the New Jersey Appellate Division addressed a defendant’s claim that this state’s requirement of an ignition interlock device (IID) should not apply to him since his driver’s license is not from New Jersey. The court denied this claim. In doing so, it examined how New Jersey’s DWI laws apply to people from outside the state.

The penalties for a DWI conviction in New Jersey vary based on the number of prior convictions someone has had during the preceding decade. For a first-time conviction or the first conviction in more than a decade, the penalties may vary based on a person’s blood alcohol content. New Jersey also makes it a motor vehicle offense to refuse to submit to breath testing when a law enforcement officer suspects DWI. Penalties for a second, third, or subsequent refusal conviction are harsher than those for a first conviction. Under recent amendments to state law, installation of an ignition interlock device (IID) is required for all DWI and refusal convictions.

A conviction for DWI or refusal results in a period of driver’s license suspension. Driver’s licenses are a function of state law. The New Jersey Legislature cannot authorize license suspension for someone from another state who is convicted of DWI or refusal in New Jersey if they do not have a license issued by New Jersey. The state can, however, revoke a person’s driving privileges in this state. This state is a member of the Driver License Compact (DLC), which is an agreement among states to exchange information about motor vehicle offenses and to enforce penalties for out-of-state convictions. Under the points system used by the New Jersey Motor Vehicle Commission, for example, an out-of-state moving violation results in two points.
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March 12, 2019

Two Bills in the New Jersey Legislature Would Expand Use of Ignition Interlock Devices

by Evan M. Levow

A conviction for driving while intoxicated (DWI) in New Jersey carries multiple penalties, including driver’s license suspension, a fine, and possible jail time. The severity of the penalties depends on the number of prior convictions or, in the case of a first offense, the defendant’s blood alcohol concentration (BAC). The penalties for DWI and refusal to submit to breath testing can also include mandatory installation of an ignition interlock device (IID) after reinstatement of a defendant’s driver’s license. Two bills currently pending in the New Jersey Assembly would expand the use of IIDs in DWI and refusal cases. One bill would reduce the period of license suspension for DWI offenses with the use of an IID. The other bill would require IID installation while a DWI or refusal sentence has been stayed pending appeal. If you have questions about the latest laws that relate to charges you might face, reach out to a New Jersey DWI attorney.

An IID is a device attached to a vehicle’s ignition mechanism. The device tests a sample of the driver’s breath to determine BAC, and prevents the vehicle from starting if BAC is above a certain level. Under current state law, municipal court judges have the discretion to order a defendant convicted of a first DWI offense to install an IID at the end of the mandatory license suspension period, provided that the defendant’s BAC was less than 0.15 percent. If BAC was 0.15 percent or higher, IID use is mandatory. For any first-time refusal conviction, IID installation is also currently mandatory. For either offense, the period of court-ordered IID use may be anywhere between six months and one year. Defendants must bear the cost of installing and maintaining an IID.

A bipartisan group of New Jersey legislators introduced A2089 in the Assembly in January 2018. The Assembly Judiciary Committee approved the bill in late November, and referred it to the Appropriations Committee. A companion bill, S824, received a favorable committee report in September. The bill would amend the DWI and refusal statutes, changing the provisions for license suspension and requiring IID installation in some cases.
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October 13, 2017

Lawsuits Challenge the Constitutionality of Ignition Interlock Devices in DWI Cases

by Evan M. Levow

A conviction for driving while intoxicated (DWI) typically results in a fine, a period of driver’s license suspension, and possibly jail time. Many states’ DWI laws also require the installation of an ignition interlock device (IID) as a condition of driver’s license reinstatement. A driver with an IID must submit a breath sample to the device, which will prevent the engine from starting if the sample shows blood alcohol content (BAC) above a certain level. Courts have the option of ordering an IID in some New Jersey DWI cases, but it is mandatory in other cases. Lawsuits filed around the country have challenged the legality and constitutionality of IID requirements, with varying degrees of success. While none of these lawsuits and court decisions directly affect New Jersey DWI cases, they might offer a guide to possible challenges to this state’s requirements.

Municipal court judges in New Jersey are required by law to order the installation of an IID in some DWI cases, and in all cases of refusal to submit to breath testing. An IID order is not mandatory for first-time DWI offenders whose BAC was less than 0.15 percent. If a judge decides to order IID installation under those circumstances, the order can be for a minimum of six months after the reinstatement of the defendant’s license, to a maximum of one year. The time period is the same for mandatory IID orders in refusal cases and first-time DWI cases with BAC of at least 0.15 percent. Second or subsequent convictions for DWI or refusal include mandatory IID installation for one to three years. Failure to install an IID when ordered to do so can result in further license suspension and other penalties.

The federal government encourages states to enact laws requiring the use of IIDs after DWI convictions. A law passed by Congress in 1998, the Transportation Equity Act for the 21st Century, reduces the amount of federal highway funds available to states that do not enact “repeat intoxicated driver laws.” This term is defined to include minimum license suspension periods and mandatory IID installation. The U.S. Supreme Court held that Congress may, within reasonable limits, attach conditions to federal funding provided to states in South Dakota v. Dole. State-level IID requirements have also faced various legal challenges.
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August 17, 2017

Federal Government Recommends Expanding Use of Ignition Interlock Devices in DWI Cases

by Evan M. Levow

New Jersey law imposes a wide variety of penalties for the traffic offense of driving while intoxicated (DWI). Some of these penalties, like fines and jail time, are primarily punitive. Other penalties have the additional goal of public safety. A license suspension after a DWI certainly counts as punishment, but proponents of license suspensions often cite the public safety benefit of keeping DWI offenders off the roads. A similar justification accompanies the New Jersey law requiring the use of an ignition interlock device (IID), which requires the driver to submit a breath sample and prevents a vehicle from starting if the sample shows a blood alcohol content (BAC) above a certain amount. The Centers for Disease Control and Prevention (CDC), a federal agency, recommends the expanded use of IIDs, based largely on its assessment of the benefit to public safety. A bill currently pending in the New Jersey Legislature would require the installation of an IID for all DWI convictions.

Under current New Jersey law, the penalty for a first-time DWI offense does not include mandatory IID installation if the defendant’s BAC was less than 0.15 percent. Municipal court judges still have discretionary authority to order IID use in such cases during the period of the driver’s license suspension, and for six to 12 months after the reinstatement of the license. For a first offense with a BAC of 0.15 percent or higher, IID installation is mandatory for a similar period of time. After a second or subsequent DWI offense, IID installation is mandatory during the suspension period and for one to three years afterwards.

A DWI defendant cannot drive any vehicle other than the one with the IID installed while they are subject to a court order requiring an IID. Failing to install an IID as ordered, or operating a vehicle equipped with an IID by having someone else blow into the device, can result in an additional one-year license suspension. Other IID-related offenses include blowing into someone else’s IID to allow them to start the vehicle, tampering with an IID, and knowingly lending or leasing a vehicle without an IID to someone subject to a court order requiring an IID. These are all disorderly person offenses, which can carry penalties of up to six months in jail and a maximum fine of $1,000.

February 26, 2017

Proposed New Jersey DWI Legislation Addresses License Suspension, Ignition Interlock Requirement

by Evan M. Levow

New Jersey law regarding driving while intoxicated (DWI) establishes multiple penalties for a DWI conviction, including a license suspension, fines, and the installation of an ignition interlock device (IID) in some cases. The related offense of refusal to submit to breath testing and failing to install an IID as ordered also result in a license suspension. A bill currently pending in the New Jersey Legislature would modify existing state law by reducing the mandatory period of license suspension for certain offenses, while also increasing the mandatory use of an IID. Introduced in the Assembly as A4016, the bill has passed out of the Assembly Judiciary and Appropriations Committees. Its Senate counterpart, S2447, is currently awaiting action by the Senate Judiciary Committee.

Under current law, the length of the mandatory license suspension for a first DWI conviction depends on the defendant’s blood alcohol content (BAC). If the BAC is at least 0.08 percent but less than 0.10 percent, state law mandates three months of license suspension. For a BAC of 0.10 percent or higher, the license suspension is at least seven months but not more than one year. A conviction for refusal results, under current law, in a license suspension of seven months to one year. A failure to install an IID as ordered by a court currently results in a one-year license suspension.

The New Jersey Legislature passed a bill in 2015 reducing the length of license suspensions in DWI and related cases, but the Governor conditionally vetoed it. The license suspension provisions of A4016/S2447 are an effort at compromise. For first-time DWI offenses, the license suspension for defendants with a BAC of at least 0.08 percent but less than 0.10 percent would be 30 days under the new bill. For a BAC of at least 0.10 percent but less than 0.15 percent, the suspension period would be 45 days. For a BAC of 0.15 percent or higher, it would be 90 days. A refusal conviction would result in a license suspension for 90 days. Unlike the other offenses, a failure to install an IID would result in an increased suspension for 18 months, instead of the current one year.

July 28, 2016

New Jersey Appellate Court Considers Police Officers’ Disclosure Requirements Regarding Ignition Interlock Devices After DWI Arrests

by Evan M. Levow

New Jersey’s implied consent law makes it a traffic offense to refuse to submit a breath sample during a driving while intoxicated (DWI) investigation. Because of the wide range of possible consequences for refusal, state law requires police to read a “standard statement” detailing those consequences before requesting a breath sample. Several years ago, the New Jersey Legislature made the use of an ignition interlock device (IID) mandatory for certain DWI and refusal convictions. A DWI defendant recently argued to the New Jersey Superior Court, Appellate Division that her refusal conviction should be thrown out because the standard statement in use at the time did not mention required IID use. The court ruled against the defendant in State v. Monaco but offered an overview of when a defective notification should result in relief for a defendant.

An IID is a device that attaches to a car’s ignition mechanism. In order to start the car, the driver must blow into the device, which measures their blood alcohol concentration (BAC). If the person’s BAC is above a certain amount, the IID prevents the car from starting. An IID must be professionally installed, and the defendant must bear the cost of the device in order to retain their driving privileges. Failing to install an IID as ordered, tampering with an IID, or otherwise circumventing or attempting to circumvent the device is a separate offense.

For a first DWI offense, an IID is required if the defendant’s BAC was 0.15 percent or higher, and it must be used for a period of six months to one year after the end of the license suspension. A conviction for refusal requires an IID installation for the same length of time. A second or subsequent DWI offense requires an IID installation for one to three years after the suspension period ends, regardless of BAC.

January 10, 2016

Ignition Interlock Devices Give DWI Defendants an Opportunity, but Also Create an Obligation

by Evan M. Levow

Ignition interlock devices (IIDs) are becoming more and more common in driving while intoxicated (DWI) cases in New Jersey and around the country. For a certain period of time after some DWI convictions, an individual may only operate a vehicle equipped with an IID, which requires the person to submit a breath sample and prevents the ignition key from turning if the person’s blood alcohol content (BAC) is too high. The IID requirement acts as a safeguard against drinking and driving by people with DWI convictions, while still allowing them to drive when necessary. A lawsuit against a city government demonstrates a possibly unexpected consequence of this policy: claims of negligence against cities and other local governments for failing to ensure that a person ordered to use an IID actually does so. This type of lawsuit adds a civil—as in, non-criminal—element to DWI law.

The installation of an IID is mandatory for certain DWI offenses, or it may be within a court’s discretion to order its use. Before a person may start the vehicle, they must blow into a device that, just like a breathalyzer, measures BAC levels. The maximum allowable BAC is usually less than the “legal limit” of 0.08 percent, since the point of the device is to prevent a person from driving before they near the point of legal impairment.

New Jersey’s IID law expressly acknowledges that some people with DWI convictions will continue to drive anyway. For many first DWI offenses, New Jersey judges have discretion to order the use of an IID for six months to one year after driver’s license restoration. If a first DWI involves BAC of at least 0.15 percent, however, an IID is mandatory, both during the license suspension period and for six months to a year afterwards. The penalties for a second, third, or subsequent DWI offense include mandatory IID installation during the license suspension period and for an additional one- to three-year period. A person commits a new offense if they violate an order to use an IID, and they could also face additional penalties in the underlying DWI case.

March 24, 2015

New Jersey Governor Blocks Bill that Would Lessen Some DWI Penalties

by Evan M. Levow

New Jersey Governor Chris Christie rejected the Legislature’s effort to reform state law regarding penalties for driving while intoxicated (DWI) in a conditional veto issued in late March 2015. A “conditional veto” allows the Governor to object to a bill as passed, while presenting proposed revisions or a replacement. The Legislature may then decide whether or not to approve the Governor’s changes. The bill, passed by both houses of the Legislature, would substantially reduce mandatory license suspension periods while increasing requirements for ignition interlock devices (IIDs). The Governor’s primary objection was apparently to the repeal of mandatory license-suspension periods.

The bill, A1368, was first introduced in the Assembly in January 2014. The Assembly passed it in June 2014, followed by the Senate in February 2015. A substantial portion of the bill addresses license suspension and IID requirements. The New Jersey DWI statute currently requires, for first-time DWI offenders, a three-month license suspension if a person’s blood alcohol content (BAC) was 0.08 percent or higher but less than 0.10 percent, or a license suspension of seven months to one year if their BAC was 0.10 percent or higher. For a second DWI offense, current law mandates a two-year license suspension, followed by required installation of an IID. A third or subsequent offense results in a mandatory 10-year suspension with an IID requirement.

Under the changes made by A1368, the mandatory license suspension period for almost all DWI offenses would be 10 days, during which time they would be required to have an IID installed in their vehicle as a condition of license reinstatement. The period of time a person would be required to continue using the IID roughly corresponds to the length of the mandatory license suspensions under the current statute. The bill generally gives judges discretion to impose different periods of license suspension or IID use, based on factors like risk to the public, the person’s driving record, length of time without traffic violations, and hardship to the person or the person’s dependents.