New law requires ignition interlock device for most drunk driving offenders in New Jersey

An ignition interlock device has been a part of New Jersey drunk driving law for a long time. However, whether or not to require the use of these devices in a vehicle owned by a drunk driving offender has been discretionary and at the request of a municipal court judge. Now, a new law which was recently passed in New Jersey makes it mandatory to install an ignition interlock device in certain scenarios. For a first time driving while intoxicated (DWI) offender, if your breath test readings (blood alcohol content (BAC)) is .15% or greater, then the new law requires mandatory installation of an ignition interlock device during the time of the license suspension as well as for six (6) months to one (1) year following the license suspension.

For an individual convicted of a second drunk driving offense in New Jersey, the new law requires a mandatory installation of an ignition interlock device during the license suspension and for one (1) to three (3) years following the suspension of your driver's license. Finally, for a third DWI offense in New Jersey, there is a mandatory installation of an ignition interlock device during the license suspension and for one (1) to three (3) years following the restoration of your driving privileges in New Jersey.

This new law creates a significant tier in terms of breath test results, namely because of the .15% BAC requirement for ignition interlock devices. It is important if you are over the legal limit, .08%. It is important if you are over .10% BAC because, if you are a first time offender, you are facing a seven (7) month to (1) year license suspension instead of a three (3) month license suspension if your readings are above .08% but below .10%. Now, .15% is also significant because if your readings are above .15% you are facing the mandatory installation of an ignition interlock device in your vehicle during and after your license suspension.

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