What Are the Penalties for Misusing an Ignition Interlock Device After a New Jersey DWI?

An arrest or conviction for driving while intoxicated (DWI) in New Jersey can carry substantial penalties. While fines and the possibility of jail time might be the first penalties that come to mind, they are far from the only consequences. New Jersey requires anyone convicted of DWI to install an ignition interlock device (IID) in their vehicle. This device measures your blood alcohol content (BAC) and prevents the car from starting if it is too high. The length of time a person must keep the IID in their vehicle depends on factors like BAC and the number of prior convictions. The use of an IID presents additional legal risks. If you are subject to a court order requiring an IID, you can face new penalties if you tamper with the device or try to bypass it. Other people could face legal consequences, too, such as if someone else blows into the IID to let you start the vehicle.

New Jersey Ignition Interlock Device Requirements

Anyone convicted of DWI in New Jersey who owns or operates a motor vehicle must have an IID installed in their vehicle to be able to drive. They must typically have the device installed during their driver’s license suspension. Only authorized IID manufacturers may install a device. The driver is responsible for the installation fee and ongoing maintenance and rental fees.

The length of time a person must use an IID after the end of their license suspension depends on several factors. If it is a first conviction, it varies based on their BAC after their arrest. The period is longer for a second conviction, or a third or subsequent conviction.

Misuse by Someone Required by a Court Order to Use an Ignition Interlock Device

Interfering with an IID is, in some ways, treated more harshly than DWI itself. DWI is a motor vehicle offense under New Jersey law, not a criminal offense, although it can still lead to jail time and hefty fines. The offense of tampering with an IID is a low-level criminal charge known as a “disorderly persons offense.” This can result in a minimum jail sentence of thirty days, or as much as a year in some cases. This may include any act intended to remove, disable, or bypass an installed IID.

Operating a vehicle without proper use of an installed IID can also have non-criminal consequences. It may result in an extra year of driver’s license suspension.

Misuse by Someone Other Than the Person Required to Use the Device

The laws governing IIDs extend beyond drivers with DUI convictions and licensed IID installers. Anyone who starts a vehicle equipped with an IID commits a disorderly persons offense if they do it so the person required to use the IID can drive. A common example of this is if someone other than the driver blows into the IID so the engine will start.

It is also an offense for a person to lend their vehicle to someone that they know must use an ignition interlock device.

New Jersey law treats DWI as a serious traffic offense. An arrest can have a lasting impact on your life, whether you are eventually convicted or not. You need guidance from a knowledgeable and skilled DWI lawyer. Evan Levow has committed 100% of his law practice to defending people facing DWI charges. Our team is ready to help you. Please contact us at (877) 593-1717 or online to schedule a free and confidential consultation to discuss your rights and options.