Drunk driving charges are always serious—your ability to drive is at stake. If you are charged with drunk driving, how your case is resolved is likely to impact whether you will be ordered to have an ignition interlock device (IID) installed on the vehicle that you use most. Not only can driving with an IID be annoying and embarrassing — it can be expensive as well.
Most motorists who are convicted of DWI/DUI are sentenced to a period of time during which they may only drive vehicles that have been outfitted with an IID, which prevents a person from operating his or her vehicle without first providing a sober breath sample. The way it works is the device has to be installed in the driver’s car and the vehicle will not start until he or she submits a breath sample, which is then analyzed for blood alcohol content.
If the driver blows a sample that indicates a blood alcohol content above a predetermined limit, the device prevents the driver from starting the ignition. While the IID is a safeguard against intoxicated driving, it does allow people with DUI/DWI convictions to run errands, drive to and from work, attend school and go various other places.
For certain DUI/DWI offenses, New Jersey law requires drivers to install an IID, but in other instances, a judge could determine that one should be installed depending on the circumstances of a particular case. The state’s IID law reflects an acknowledgment that some people will continue to drink and drive, even after a conviction.
When is an IID Required?
For a first-time DUI offense, when a driver’s blood alcohol concentration (BAC) is unknown or is under 0.15%, a New Jersey judge has the option to require a driver to install an IID for six months to a year after the driver’s license is restored. If the driver’s BAC was at least 0.15%, the installation of an IID is mandatory and must remain in place during the period of license suspension and for six months to a year afterwards. Any DUI after the first includes a mandatory installation of an IID while the driver’s license is suspended and continuing for a period ranging from one to three years, depending on the circumstances.
Are Out-Of-State Drivers Required to Install an IID?
When out-of-state drivers are convicted of DWI in New Jersey courts, if an IID is ordered, the New Jersey Motor Vehicle Commission will decline to restore the drivers’ New Jersey driving privileges until the driver complies with the IID requirement. Out-of-state drivers whose driving privileges are suspended in New Jersey may be unable to convince their home state to issue a driver’s license. Consequently, to avoid complications in a driver’s home state that could flow from a New Jersey DWI convictions, any out-of-state driver who has been charged with DWI should consult with a New Jersey drunk driving attorney to discuss how to defend the DWI charge.
Know Your Options
At The Gorman Law Firm, we can help drivers who have been charged with drunk or drugged driving who may are facing the possibility of a sentence that could include a requirement of the installation of an IID. For a consultation on your case, and to discuss whether you may be able to avoid an IID requirement, contact an Essex County drunk driving attorney at the firm today.
Published in Categories: DUI / DWI