An individual convicted of a first offense with a Blood Alcohol Content (B.A.C.) of .15% or higher, the municipal court judge is required to sentence the person to use an Ignition Interlock Device (IID) after they served their mandatory suspension period.
If a first offender is convicted with a B.A.C. of less than .15% or where there is no B.A.C. because the individual refused to provide breath samples, the IID is not a mandatory component of the sentence.
Rather, it is discretionary on the part of the municipal court judge. All second, third, and subsequent offenders convicted are required to have the IDD installed in their vehicle upon conviction when they have served their mandatory period of suspension.
These increased penalites for the IID went into effect on January 14, 2010. There is no question that the IID will remain a component of our DWI statute. In New Jersey, the preset value for the IID is .05%. This is the highest preset value in the country. How does the IID work? An individual would have to blow into the IID before starting the ignition of their motor vehicle. As stated, an individual can have some alcohol in their system when they blow into the IID.
Once the vehicle is started, the individual will be prompted during their driving to then submit an additional breath sample into the IID during the period of driving. The IID remains in the vehicle for a period of time related to whether the Defendant was convicted of a first, second, or subsequent offense. There are nine approved installers of IID devices in New Jersey. All individuals subject to the IID will have to have the device brought back to the dealer every 30 days for calibration. The individual pays a lease to the IID dealer each month for the period of time that it is required to remain in the motor vehicle.
Another important aspect to note with the increased penalties and use of the IID effective January 14, 2010 is that all individuals convicted of Refusal are subject to its provisions. To review, some first offenders of DWI are subject to the IID, all second offenders, all third and subsequent offenders, and all individuals convicted of Refusal.
If you wish to avoid a conviction for DWI, get the best attorney you can find – call me at 732-625-9660 and tell me happened.
