Will I Have to Use an Ignition Interlock Device After a DUI Conviction?

Even if it is your first offense, a DUI conviction can have far-reaching consequences. In the state of New Jersey, possible penalties for DUI include fines, driver’s license suspension, incarceration, and community service. Depending on the facts of your case, you also may be required to use an ignition interlock device (IID).

An IID is essentially a breathalyzer that is fitted to your vehicle. Your car will not start until you have blown into the IID and your BAC registers below the programmed limit, which is usually 0.05 percent. You will also have to blow into the IID from time to time as you drive.

If you are convicted of DUI and your BAC was 0.15 percent or higher—even if it was your first offense—you will be required to get an IID installed on your vehicle. Even if your BAC was under .15 percent, a judge may order the installation of an IID. If you are convicted of a second or subsequent DUI, you will be required to get an IID installed even if your BAC was lower than 0.10 percent.

If you were charged with DUI, you might think there’s no point in fighting the charges. But even if you failed the breathalyzer test, there may be a defense that leads to reduced charges or penalties, or to the dismissal of your case.

As your DUI lawyer in Elizabeth, I will investigate your arrest to identify any procedural errors made by police that could work in your favor. For example, if your vehicle was stopped without probable cause or if the officer did not watch you for the required 20 minutes before administering the breathalyzer test, it is possible that your breathalyzer results are inadmissible in court. It is also possible that the breathalyzer machine produced inaccurate results, or that your blood test was mishandled and the results are therefore inadmissible.

If you would like to discuss potential defense strategies that apply to your case, call the Law Office of Eric M. Mark today at 973-453-2009.

Let’s examine a few scenarios when a person convicted of DUI would have to get an ignition interlock device installed on his or her vehicle:

First DUI with a BAC of 0.15 Percent or Higher: Penalties include a license suspension for seven months to one year and IID installation during suspension and for six months to one year following restoration.

Second DUI Offense within 10 Years: Penalties include a license suspension for two years and IID installation during suspension and for one to three years following restoration.

Third DUI Offense within 10 Years of Second Offense: Penalties include a license suspension for 10 years and IID installation during suspension and for one to three years following restoration.

Having to get an IID installed on your vehicle is just the tip of the iceberg when it comes to the penalties of a DUI conviction. If you were charged with DUI, contact my office to discuss your defense options. Call 973-453-2009 to arrange a free initial consultation with a criminal attorney in Elizabeth.