The ignition interlock device is governed by N.J.S.A. 39:4-50.17. This statute was amended on January 14, 2010. This amendment markedly changed the sentence provisions for the ignition interlock device.
An individual convicted of a first offense may be sentenced to the ignition interlock device by the sentencing judge. Such a first offender whose blood alcohol concentration on either the Alcotest or through a blood test result which is .15% or greater is required to install the ignition interlock device.
All second, third, and subsequent offenders of DWI are required to install the ignition interlock device pursuant to the January 14, 2010 amendment to the ignition interlock provision.
Pursuant to the January 14, 2010 amendment to the ignition interlock provision, all individuals convicted of refusal are required to install the ignition interlock device. This was a major change in the law. Prior to the January 14, 2010 amendment, individuals convicted of refusal were not subject to the imposition of the interlock device. As stated, all refusal convictions now subject to the ignition interlock device.
Finally, an individual subject to the imposition of the ignition interlock device cannot operate any motor vehicle that is not so equipped. If an individual does not own, lease, or principally operate a motor vehicle, he or she cannot drive any other vehicle no so equipped. Indeed, an individual subject to the ignition interlock device who operates a motor vehicle which is not so equipped will be charged with a disorderly persons offense. Therefore, it would be a criminal offense to so operate a motor vehicle not equipped with an ignition interlock device for those individuals who are subject to this provision.
If you have been arrested for DWI, give us a call at 732-625-9660.