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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Saturday, January 12, 2019

NJ Ignition interlock device regulations

NJ Ignition interlock device regulations

  If your license was suspended for a DUI offense, the court may require you to get an ignition interlock device to prevent a vehicle from starting if your BAC exceeds 0.05%.

Ignition interlock device requirements
       First DUI offense: Installation of interlock device for six months to one year upon restoration (judge's discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration
       Second DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration
       Third DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration
source http://www.state.nj.us/mvc/Violations/dui_Ignition.htm
If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. 

39 :4-50.19  Violation of law; penalties. Failure to impose interlock
No jail, no fine if not driving

   4. a. A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or regularly operated by him shall have his driver's license suspended for one year, in addition to any other suspension or revocation imposed under R.S.39:4-50, unless the court determines a valid reason exists for the failure to comply.  A person in whose vehicle an interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall have his driver's license suspended for one year, in addition to any other penalty applicable by law.

   b.   A person is a disorderly person who:

   (1)   blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle;

   (2)   tampers or in any way circumvents the operation of an interlock device; or

   (3)   knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.

   c.   The provisions of subsection b. of this section shall not apply if a motor vehicle required to be equipped with an ignition interlock device is started by a person for the purpose of safety or mechanical repair of the device or the vehicle, provided the person subject to the court order does not operate the vehicle.

   L.1999, c.417, s.4; amended 2009, c.201, s.3.



Approved list of ignition interlock manufacturers
Ignition interlock manufacturers have installation locations throughout New Jersey. When selecting an ignition interlock provider, consider the installation and monitoring fees and installation center site convenience.
Company
Contact/Website

1A Smart Start, Inc.
4950 Plaza Drive
Irving, TX 75063
(800) 880-3394
Intoxalock
10520 Hickman Road Ste F
Des Moines ,IA 50325
(877) 777-5020
Alcohol Detection Systems
1718 Belmont Avenue Suite E
Baltimore, MD 21244
1-888-STOP-DUI (888-786-7384)
Guardian Interlock Systems
228 Church St.
Marietta, GA 30060
(800) 499-0994
Draeger Safety Diagnostics
4040 W Royal Lane Suite 136
Irving, TX 75063
(856) 753- 9700
(800) 970-1002
Best Labs
7301 West Blvd Suite A1
Boardman, OH 44512
(800) 219-9936
LifeSafer
4290 Glendale Milford Road
Cincinnati, OH 45242-3704
(800) 475-7151

Source
http://www.state.nj.us/mvc/Violations/dui_Ignition.htm
FAQ's- Frequently Asked Questions

Frequently Asked Interlock Questions 
Q: When I resided in New Jersey, I was issued a DUI but have since moved to another state. I was told by the ignition interlock companies in the state where I now live that I am not required to have the device installed on any vehicle. Is this true? What should I do? 
A: No, this is not true. Installation of the interlock device is a condition for having your license restored in New Jersey. Your privilege is suspended in New Jersey and will remain suspended until you have satisfied all requirements for restoration. An interlock device needs to be placed on the vehicle you principally operate in order for you to be restored. Failure to do so will keep you suspended in New Jersey. This suspension may prevent your new state from issuing you a license. In order to comply with the interlock limitation requirements while living in your current location, you may check the New Jersey Motor Vehicle Commission (MVC) website for a list of manufacturers. Call each of the manufacturers to find out which one does business at a location near you. Go to that location with your letter from the New Jersey MVC and have the device installed on the vehicle you will principally operate. Once the device is installed, mail copies of any receipt and other documentation that you receive from the installer to the New Jersey Motor Vehicle Commission, Driver Management Bureau, PO Box 134, Trenton, NJ, 08650, Attention: Interlock Compliance. 
Q: I am a student and currently do not own or operate a vehicle. What should I do? 
A: If you do not plan to operate any vehicles following your suspension term, you may obtain a non-driver ID by presenting 6 Points of Identification at any Motor Vehicle Agency. In order to restore your driving privileges, you will need to provide the MVC with a service invoice and a certification of interlock installation to prove installation of an ignition interlock device on any vehicle you will be operating. The vehicle does not need to belong to you. If you do not install an interlock device ordered by the court in a motor vehicle owned, leased or regularly operated by you, your driver license may be suspended for one year in addition to any other suspension or revocation imposed. 
Q: What happens if I don’t have the interlock device installed on a vehicle? 
A: Failure to install a court ordered ignition interlock device in a vehicle you operate may result in an additional one-year driving privilege suspension. 
Q: I called the MVC and was told there is an entry saying, “Interlock Limitation during Suspension,” which means I have to have an interlock device on my vehicle during my suspension time. Is this true? 
A: Yes. As required by New Jersey law, a judge may order an interlock limitation during and after the suspension term. Updated 10/03/2018 
Frequently Asked Interlock Questions Continued 
Q: I have two interlock suspensions on my record from two different DWI suspensions. One is for one hundred eighty days (180) and the second is for seven hundred thirty (730) days. How much time am I required to keep the interlock device on my vehicle? 
A: If both interlock terms are sent in as consecutive terms you will serve the combined term, ex; one hundred eighty (180) days plus seven hundred thirty (730) days equals nine hundred ten days (910). If one or both are concurrent, the maximum term is how long the interlock device will remain on your vehicle. 
Q: Can I have the suspension order changed if I don’t have a vehicle to put the interlock device on? 
A: The MVC does not have the authority to modify a court order. You were sentenced to the interlock installation in accordance with the laws of the State of New Jersey. The interlock device must be installed on every vehicle you intend to operate. If you do not have access to or plan to operate any vehicle, it is not necessary to restore your New Jersey driving privilege. 
Q: What happens if I have the interlock device removed before my interlock requirement time is over? For example, my vehicle was totaled in an accident or if was impounded or sold? 
A: You must have the interlock device removed from your vehicle and return the device to your interlock provider. The interlock provider will then notify the MVC that the device was removed. The MVC will send you a letter explaining that your driving privilege will be suspended until you provide another interlock certificate as proof that an interlock device has been installed on another vehicle. The vehicle that you have an interlock device installed on must be the vehicle that you will principally operate during the term of the court order. You may not legally operate any vehicle without an interlock device installed for the entire term of the court order. 
Updated 10/03/2018 
Frequently Asked Interlock Questions Continued 
Q: What happens if I cannot operate the interlock device due to a medical condition? 
A: You must contact your physician and get a detailed note explaining your condition and why you are unable to operate the interlock device. Then present the note to your interlock manufacturer who will contact the note the MVC for consideration. 
Q: I have met all my other restoration requirements except certifying that the ignition interlock requirement has been installed. What is my next step? 
A: After the approved ignition interlock device has been installed, you will receive a Certificate of Installation of an approved ignition interlock device. You must present the Certificate along with the installation work order, in person, at a Motor Vehicle Commission Full Service Agency. Full service agencies are in Eatontown, Newark, Paterson, Trenton, and West Deptford. 
Q: Which of my motor vehicle(s) must have an ignition interlock device? 
A: Any motor vehicle you operate, including motorcycles and autocycles, must have an ignition interlock device. 
Updated 10/03/2018 

Source https://www.state.nj.us/mvc/pdf/violations/interlock-faq.pdf