If you’ve been arrested for a DWI in New Jersey, you might be wondering about the consequences, especially regarding the use of an Ignition Interlock Device (IID).
Understanding when an IID is required can help you prepare for the potential outcomes of your case.
When is an IID Mandatory?
In New Jersey, the requirement for an IID depends on your Blood Alcohol Content (BAC) at the time of arrest and whether you have prior DWI convictions. For a first offense, if your BAC is .15% or higher, the court must order the installation of an IID after you have served the mandatory suspension period. This device prevents your vehicle from starting if it detects alcohol on your breath.
If your BAC is below .15%, or if you refused to provide a breath sample, the use of an IID is at the discretion of the municipal court judge. While not mandatory, the judge may still decide to require it based on the specifics of your case.
For second, third, and subsequent offenses, the IID is mandatory upon conviction and must be installed after serving the suspension period. These stricter penalties reflect the state’s commitment to reducing repeat offenses and improving road safety.
How Does an IID Work?
An IID requires you to blow into it before you can start your vehicle. If the device detects a BAC above the preset limit of .05%, it prevents the engine from starting. Once the vehicle is running, the IID will prompt you to provide additional breath samples periodically while driving to ensure continuous compliance.
The IID remains in your vehicle for a period determined by your offense level. For first-time offenders with a high BAC or who refused the breath test, the IID typically remains for a few months. For repeat offenders, the duration is longer, reflecting the increased risk they pose.
Maintenance and Costs
There are nine approved IID installers in New Jersey. If you are required to have an IID, you’ll need to visit one of these installers to have the device installed in your vehicle. The device must be calibrated every 30 days to ensure it is functioning correctly. This requires regular visits to the installer, during which you’ll pay a monthly lease fee for the device.
The costs associated with the IID can add up. Besides the installation and monthly lease fees, you might also incur charges for calibration and any maintenance needed to keep the device in working order. However, these costs are considered a necessary investment in preventing further legal issues and ensuring compliance with your sentencing requirements.
Increased Penalties and Refusal Convictions
Since January 14, 2010, New Jersey has enforced stricter penalties regarding the use of IIDs. All individuals convicted of refusing to provide a breath sample are subject to IID requirements, regardless of whether it’s their first offense or a subsequent one. This includes first offenders with a high BAC, second offenders, third offenders, and beyond.
These measures reflect the seriousness with which New Jersey treats DWI offenses. The goal is to deter drunk driving and enhance public safety by ensuring that those convicted of DWI cannot operate a vehicle if they have been drinking.
Why You Need an Experienced DWI Attorney
Navigating the complexities of a DWI charge can be overwhelming. An experienced attorney can make a significant difference in the outcome of your case. Reisig Criminal Defense & DWI Law has been a trusted name in New Jersey for almost 30 years. Our firm has successfully represented countless clients, helping them minimize penalties and, in some cases, avoid conviction altogether.
If you’re facing a DWI charge, don’t go through it alone. Contact Reisig Criminal Defense & DWI Law at 732-625-9660. We offer expert legal advice and representation, ensuring you understand your options and have the best possible defense. Let us help you navigate this challenging time and work towards a favorable outcome.
If you wish to avoid a conviction for DWI, get the best attorney you can find – call us at 732-625-9660 and tell us what happened.
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