Driving under the influence of alcohol is a serious, yet commonplace offense. To combat this issue, various measures have been implemented, including the use of ignition interlock devices for those who are convicted of DUI. Below, the DUI lawyers at The Law Offices of Jonathan F. Marshall will explore the functioning of ignition interlock devices and shed light on the criminal consequences of tampering with them in New Jersey. Understanding these aspects is crucial for promoting responsible driving and avoiding legal troubles.
What Is An Ignition Interlock Device?
Essentially, it is a small breathalyzer-like device installed in a vehicle that measures the driver’s blood alcohol concentration (BAC). Its primary purpose is to prevent intoxicated individuals from operating their vehicles by ensuring they pass a breathalyzer test before starting the engine. This device acts as a safeguard against impaired driving incidents, providing a second chance for individuals convicted of driving under the influence (DUI) offenses.
The Functioning Of Ignition Interlock Devices
When a driver wishes to start the vehicle, they are required to provide a breath sample by blowing into the device. The ignition interlock device then analyzes the breath sample to determine the driver’s BAC. If the BAC level is below the predetermined threshold, usually 0.02% or lower, the device allows the vehicle to start. However, if the BAC level exceeds the threshold, the device prevents the engine from starting.
It’s important to note that ignition interlock devices also employ additional measures to ensure accuracy and prevent misuse. For example, they may prompt random retests during a journey to ensure the driver remains sober while driving. Regular maintenance and calibration of the device are essential to ensure accurate results and reliable functionality.
Ignition Interlock Device Requirements In New Jersey
In New Jersey, the use of ignition interlock devices is governed by specific statutes. According to the New Jersey statute § 39:4-50.17, individuals convicted of DUI offenses are required to install ignition interlock devices in their vehicles. The installation period and associated costs may vary depending on the circumstances of the offense and prior convictions.
First Offender With BAC Of 0.08% To Less Than 0.10% Or Under The Influence Of Intoxicating Liquor
- Duration: Three Months
First Offender With BAC Of 0.10% To Less Than 0.15%
- Duration: Not Less than Seven Months or More than One Year
First Offender With BAC Of 0.15% Or Higher
- Duration: During and Following the Expiration of License Forfeiture
- Duration of Device Installation: Not Less than Nine Months or More than 15 Months
- Start Date: Immediately upon Installation and Return of Driver’s License
Second Or Subsequent Offender
- Duration: During and Following the Expiration of License Forfeiture
- Duration of Device Installation: Not Less than Two Years or More than Four Years
- Start Date: Immediately upon Installation and Return of Driver’s License
During the mandatory installation period, the driver is responsible for the costs related to the device, including installation, maintenance, and monthly calibration fees. It’s crucial to adhere to these requirements and fulfill all obligations to comply with the law and successfully complete the ignition interlock program.
Criminal Consequences Of Tampering With An Ignition Interlock Device In New Jersey
Tampering with or attempting to circumvent an ignition interlock device is a serious offense with legal consequences in New Jersey. The state recognizes the gravity of such actions and has implemented strict penalties to deter individuals from tampering with these devices.
According to the New Jersey statute § 39:4-50.19, tampering with an ignition interlock device is a disorderly persons offense if a person:
- Blows into an interlock device or starts a vehicle equipped with the device to provide an operable vehicle to someone who has been ordered by the court to use the device.
- Tamper with or circumvent the operation of an interlock device.
- Knowingly rents, leases, or lends a vehicle without an interlock device to a person who has been ordered by the court to install one in their vehicle.
If a person fails to install an interlock device in a motor vehicle as ordered by the court, their driver’s license will be suspended for one year, in addition to any other suspension or revocation imposed under Section 39:4-50, unless the court finds a valid reason for the non-compliance. If a person drives a vehicle with an installed interlock device but starts it through means other than blowing into the device or drives a vehicle without such a device, their driver’s license will also be suspended for one year, in addition to any other applicable penalties.
Seeking Legal Assistance From NJ DUI Attorneys
Navigating the legal landscape related to DUI offenses and ignition interlock devices can be complex. If you or someone you know has been charged with a DUI offense in New Jersey, it is crucial to seek professional legal assistance. The Law Offices of Jonathan F. Marshall are experienced DUI defense attorneys who can provide expert guidance and representation in such cases.
