A common tool used by municipal courts throughout NJ and Ocean County to prevent second and subsequent offense DWI’s is the Ignition Interlock Device (IID). It is also known as the Breath Alcohol Ignition Interlock Device (BAIID). The IID is a mechanism much like a Breathalyzer that is installed on a motor vehicle’s dashboard. To successfully start the vehicle, the driver must exhale into the device. The car will only start if the Blood Alcohol Content (BAC) of the driver satisfies New Jersey’s statutory requirement of .05%. Furthermore, drivers are often required to exhale into the IID at various times after the automobile has started to ensure that the driver has remained alcohol-free during operation of the vehicle. A common misconception accompanying the design and function of the ignition interlock device is that the car will turn off if the driver’s BAC is over the statutorily prescribed limit. If the driver’s BAC s unacceptable, the IID will actually warn the driver to turn off the ignition by causing the car to engage in horn honking, flashing lights, etc.
Ocean County, NJ DWI Ignition Interlock Device Law
Courts typically impose the installation if IIDs into the vehicles of persons convicted of Driving While Intoxicated based upon the number of previous DWI or DUI offenses. However, the judge has the discretion to impose an ignition interlock device for a first offense DWI if the driver’s BAC was .15% or even less. Furthermore, if a first time DUI offender was arrested with a BAC in excess of .15% or refused to comply with the officer’s administration of the Alcotest 7110, then the court SHALL impose a mandatory installation of an IID for the length of the licence suspension PLUS 6-12 months after the suspension. In the event of a second offense, third offense, and subsequent DWI convictions as well as refusal convictions, the court will impose the mandatory installation of the device for the length of the suspension AND an additional 1-3 years following the restoration of driving privileges. For more information and frequently asked question regarding the installation of an Ignition Interlock Device, feel free to visit the NJ MVC IID page.
Stafford Township NJ DUI Lawyer
If you have been arrested for a Driving While Intoxicated in Ocean County, NJ including Brick, Jackson, Lakewood, Seaside, Point Pleasant, Stafford, Manchester, or Berkeley Township, then you can obviously see that the installation of an Ignition Interlock Device into your automobile is a costly, burdensome, and potentially embarrassing consequence of a DWI conviction. Additional penalties for first, second, third, and subsequent DUI offenses include jail time, community service, and steep monetary fines. If you or your loved one is facing these consequences as a result of an Ocean County DWI arrest, then please contact the Toms River based Law Offices of William A. Proetta today to give yourself the best chance to avoid the charges that you face. Our attorneys are available 24/7 and initial consultations are free of charge. To build a case strategy to meet your needs call (848) 238-2100.
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