…. As part of my sentence, the Judge ordered that I must install an interlock device on my car for a period of 1 year once I get my license back. Knowing I was going to lose my license, I sold my car. If I no longer own a car, am I still subject to the interlock requirement?
If you pled guilty to a DWI in New Jersey with a breath test reading of .18, the court likely ordered you to install an Ignition Interlock Device (IID) for one year once your license is reinstated. But if you no longer own a car, does that requirement still apply?
The short answer is yes, the law still applies, but there are specific conditions that impact how it is enforced.
Understanding New Jersey’s Ignition Interlock Law
New Jersey law requires most individuals convicted of DWI or Refusal to Submit to a Breath Test to install an IID in the vehicle they principally operate. This means that if you own or lease a car, you must install the device before legally driving again.
However, if you no longer own or have access to a vehicle, you must prove to the New Jersey Motor Vehicle Commission (MVC) that you do not have a car available for use. This isn’t an automatic exemption—you need to formally notify the MVC about your situation.
Can You Avoid the Interlock Requirement by Not Owning a Car?
Selling your car before your license suspension does not automatically eliminate the IID requirement. The law states that you cannot drive any vehicle that is not equipped with an IID during your restricted period. If you borrow, rent, or lease a vehicle without an interlock device, you could be charged with a disorderly persons offense and face an additional one-year license suspension.
Even if you currently don’t own a vehicle, you have an ongoing legal duty to notify the MVC if your situation changes. If you later buy or lease another car, the one-year interlock requirement could still apply at that time. Courts have not fully settled whether the clock on the IID penalty starts when your license is reinstated or when you actually obtain a vehicle.
What Happens If You Ignore the Requirement?
Driving without the mandated Ignition Interlock Device can lead to serious consequences:
- A disorderly persons offense (a criminal charge in NJ)
- An additional one-year suspension of your driver’s license
- More court fines and fees
- Potential impact on future car insurance rates
If you plan to drive again in New Jersey, it’s crucial to follow all IID regulations to avoid further legal trouble.
Why You Need an Experienced DWI Attorney
Navigating New Jersey’s complex DWI laws can be overwhelming, especially when dealing with license suspensions, interlock requirements, and legal consequences. Many people don’t realize they have options to challenge their penalties, even after pleading guilty.
For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most successful and trusted DWI defense firms. Attorney Matthew Reisig has handled thousands of DWI and Refusal cases, helping clients minimize penalties, challenge evidence, and fight unfair consequences.
If you’re unsure about your Ignition Interlock requirements or facing further legal issues related to your DWI, don’t wait until it’s too late.
Call Reisig Criminal Defense & DWI Law at (732) 625-9660 today for a free consultation.
Protect your rights, your license, and your future.
