A new law goes into effect on December 1, 2019, in New Jersey that requires all convicted DUI offenders to install ignition interlock devices in their vehicles.

The law was signed by Governor Phil Murphy in August 2019, who said the following when he signed the bill:

“Expanding the use of ignition interlock devices is just common sense. We must deter drunk driving without negatively impacting individuals’ ability to take care of themselves or their families.”

“License suspensions are an imperfect tool for accomplishing both aims, as they do not stop drunk drivers from getting behind the wheel and they can prevent ex-offenders from supporting their livelihoods,” Murphy added. “In contrast, ignition interlock devices prevent drunk driving while allowing ex-offenders to support themselves and their families.”

2016 saw 137 people die as a result of drunk driving in New Jersey, while 2017 saw 125 people die in these crashes.

The New Law

The new law in the Garden State requires all those convicted of driving under the influence to have an ignition interlock device installed in their vehicle, even first-time offenders.

At the same time, license suspensions for first-time DUI offenders are no longer mandatory if their blood alcohol content level was between 0.08 and 0.10. A driver can still have their license suspended if their BAC registers at a rate higher than 0.10.

What is an Ignition Interlock Device?

An ignition interlock device is a type of breathalyzer test that is used in personal vehicles by those convicted of driving under the influence. The driver’s vehicle will not start until the driver blows into it to have their breath tested for alcohol.

If the test results come back clear of alcohol, the vehicle will start. If alcohol is found to be on the driver’s breath, the vehicle will not start. The driver can take the test again but not immediately.

The ignition interlock device will request additional tests during the trip to ensure that it is the driver who is blowing into the machine. If the driver is over a specified limit, the device does not bring the vehicle to a stop automatically but provides notice to the driver to pull off the road.

Requirements of the New Law

Under the new law, first-time offenders will be required to have an ignition interlock device installed for a period of three months if their BAC was between 0.08 and 0.10.

Offenders with a BAC between 0.10 and 0.15 will be required to have an ignition interlock device installed in their vehicle for anywhere from seven months to one year.

If an offender’s BAC is over 0.15, their driver’s license will be suspended for a period of four to six months and they will be required to have an ignition interlock device installed in their vehicle for a period of nine to 15 months.

Seek Legal Advice

If you are pulled over for suspicion of DUI and have a BAC above the legal limit, it is in your best interest to speak to an experienced criminal defense attorney about your situation. Contact an attorney at your earliest convenience to begin building a defense for your case.