Understanding Interlock Device Rules in New Jersey
What Exactly is an Interlock Device?
What is an interlock device? In order to understand the consequences of driving under the influence (DUI) in New Jersey, you must first understand what an interlock device is—its purpose, how it works and when the imposition of an interlock device may be ordered in a New Jersey DUI case. An interlock device is a breath testing device that enables the driver of a motor vehicle to blow into the machine so that it can analyze the driver’s blood alcohol concentration (BAC). Basically, it is a breath test device that is placed in the motor vehicle itself. The purpose of the interlock device is to prevent people from driving after consuming large quantities of alcohol. For example, if a driver is intoxicated and tries to start his car, the interlock device will not allow the vehicle to turn on. This device helps to reduce the number of drivers who attempt to get behind the wheel after drinking . Many states like New Jersey provide for a condition whereby a driver charged with DUI may have his license returned or not suspended at all under certain circumstances if the driver agrees to have a breath testing device (an ignition interlock) placed in his vehicle. However, according to N.J.S.A. 39:4-50.19, you must agree to the following to have a conditional license for alcohol restricted driving:
- A minimum $100.00 fee for the interlock breath testing device;
- Mandatory installation of an interlock device (an ignition interlock device) for the period of suspension plus 1 additional year;
- Monthly maintenance fee associated with the interlock device amounting to approximately $75.00.
Sometimes, the driver can get his license back without having to install the interlock device. However, this happens in very rare situations where the DUI offense was a minor charge or the driver plead to a careless driving charge. If the judge does not approve your request for a waiver of the interlock device, then you might be eligible to apply for the waiver after you serve 3-months of your suspension.
Where Do New Jersey’s Interlock Device Rules Apply?
The requirements of New Jersey’s ignition interlock device law apply to drivers who have been convicted of driving under the influence of alcohol or drug impairment and who are required to serve a period of license suspension. The law does not, however, apply to all drunk driving offenders, and only applies under certain circumstances. First, the interlock device rules necessarily apply to any NJ driver who is subject to a suspension in excess of 90 days for a violation of N.J.S.2C:33-5 (underage possession of alcohol) or N.J.S.39:4-50. Second, the law’s rules concerning the installation of interlock devices will apply to motorists only if they have been convicted of a first-, second-, third-, or fourth-degree offense. The specific criminal charges that trigger the interlock device requirements are as follows:
The following summary describes, on a court-by-court basis, which NJ criminal convictions trigger an interlock device requirement: While the above-listed criminal offenses will generally cause a New Jersey motorist to be subject to the state’s interlock device rules, there are certain cases that involve a "special license" and other circumstances that can lead a judge’s order for the installation of an interlock device in a vehicle that is owned/leased by the convicted driver’s spouse.
How to Install an Interlock Device
Once a driver enters into an agreement with the New Jersey Motor Vehicle Commission (MVC) to install an interlock device on their vehicle, the driver will have to go through the process of installation. While MVC has contracted with a number of different providers who are authorized to perform installations, it is recommended that drivers contact the MVC directly to determine which service provider is best for their needs based on factors such as location, price, and hours of operation.
Drivers can find the list of approved service providers by visiting MVC’s website. When an approved service provider is selected, drivers will schedule an appointment times with that provider to have the interlock device installed. Generally speaking, the installation time is limited to how long it will take for the service provider to hook the interlock device up to the vehicle. On average, this process should take anywhere from 30 minutes to 1 hour.
When the appointment is made, drivers are advised to bring their current valid NJ driver’s license, provisional license, or examination permit on which to place the restriction "interlock". Drivers must also bring any other documents required by the service provider. Automakers such as General Motors, Toyota, Ford, Lexus, and Chrysler have also agreed to offer some programs so impaired drivers may be eligible to purchase or lease a vehicle programmed with an alcohol ignition lock at no extra charge. Of course, eligibility requirements will vary by car manufacturer so drivers should contact individual manufacturers for details. Drivers should also note that they will need to pay a state-required $40 fee to the service provider at the time of installation. This fee is in addition to the costs for the interlock device itself.
While once the device is installed and the driver pays the required fee(s), the service provider will take care of any necessary servicing, drivers should be concerned about their maintenance costs and frequency of visits after the fact. Generally, drivers will have to return for regularly-scheduled calibrations and inspections every 30 to 60 days. The driver is responsible for all fees and costs associated with these inspections as well. Because these visits often last between 30 minutes to 1 hour, drivers should contact the service provider in advance to find out how often they need to return, how long the service will take, and what fees will be charged. It is also recommended that drivers research which of the approved service providers are located nearest to their home or work in order to save time and money by eliminating any long travel times between appointments and inspections.
Device Regulations and Compliance
An interlock device requires that users follow certain regulations to ensure compliance and proper function. Random retesting is an integral part of the process-users must submit to a breath test every 10 to 15 minutes, or their car will not start. A breathalyzer service center must perform required calibration and maintenance intervals, which vary by manufacturer, as often as every 30 to 60 days. The centers can also download your data and create a report of your blood alcohol concentration. The interlock device can lock out a driver who has too high of a BAC. Violating a random retest can also cause a lockout-even if you were not drinking. Other violations that can initiate a lockout include violation of curfew, failure to start a vehicle, and tampering with the device. If your vehicle is locked out due to a failed retest, the interlock system should unlock as soon as you successfully blow a breath sample.
Non-Compliance Penalties
Unlike the penalties for failing to comply with a court-ordered DWI interlock device, which are civil in nature, penalties for violating the statute are criminal. If you were not ordered to use the device , you may be subject to fines ranging from $1000-$5000 and/or as much as six months in jail. If you are required to use the device because of a prior conviction, you will be subject to fines up to $2500 and community service equivalent to 30 days of jail time in addition to other penalties.
Application for Restoration of Driving Privileges
To regain full driving privileges in New Jersey after complying with the interlock device requirement, a driver must first ensure that they have completed the mandated interlock period. Once they have satisfied the duration of the interlock device, they must file for a removal ex parte order (as the defendant) in the municipal court where the original conviction was heard. The application is currently available on our website since it is filed in the same court where the DUI defense attorney attended the initial proceeding. The court will then decide on and send a certified copy of the removal order to the MVC. The MVC will then administratively remove the device hold on your driver’s license. This entire process generally takes two weeks to complete.
If the original DUI case was heard in a different New Jersey municipal court, then the interlock removal form must be sent to the prosecutor’s office to obtain their authorization and then to the court to schedule an Order to Show Cause hearing. This adds another month to the removal process. If the removal order is obtained before the one-year anniversary of the termination of the interlock period, then the removal is often effective as of the date of the original order.
FAQs
Questions & Answers
My case is pending, do I need to perform an interlock install now or can it wait until the case is resolved?
If you have been arrested with a blood alcohol level of .15 or higher, you must install the interlock device on your vehicle during the pendency of your case. If you had a normal BAC of .08 or a BAC lower than .15, the court cannot mandate that you install the device until after you are found guilty.
How does the ignition interlock system work?
In order to start your vehicle, the system requires alcohol readings from your breath. It can also require retests while the vehicle is in motion. The device will give you a test a few minutes after you start the car, while you are driving and then again before you park the car. If you provide a positive alcohol reading at any point while you are driving, you will be required to pull over safely and shut off the vehicle, and cannot continue driving until a sober driver takes over the function of your vehicle. You may be charged with operating a vehicle with a BAC of .08 or higher. You could also face criminal contempt charges for violating the interlock rules .
If you blow a BAC of .05 or higher while using the interlock device, you will receive a warning but be able to continue driving your vehicle. However, if you receive a positive reading of .10 or higher, the device will lock you out until a sober person bypasses the device and continues your driving. You will also have to pay an additional fee to have the device re-calibrated, as well as a fee to install and maintain the device.
Are there any exemptions from having to install an interlock device?
Judges may waive the requirement for an interlock device in cases of financial hardship, or if you did not have an interlock device on your first DWI conviction. This is not an automatic right, and you will need to plead your case to the judge and prosecutor.
What happens if the car unlocks while the engine is running?
Some systems are capable of detecting movement of the vehicle, so you should transport this information from your interlock device to the court immediately. You should not try to fix the problem yourself, because you may inadvertently violate the terms of your interlock.