Live Chat Software

DWI and Life With the Interlock Device ----- The Judge Ordered You To Install an Interlock Device ---- What Happens Now

Posted by on in Monmouth County Criminal Defense
  • Font size: Larger Smaller
  • Hits: 2365
  • Subscribe to this entry

 

                In New Jersey , everyone convicted for DWI or refusing to take the alcohol test will be ordered to put an interlock device on his car.

               Even a first offender who has a BAC of .15 or more has to install the device on the car he “primarily drives.” In addition to installing on the car he primarily drives, the defendant is not allowed to drive any car in New Jersey that does not have an interlock device on it.
           

             The only exception allowed is for a first offender who has a reading less than .15 , then it is discretionary with judge whether to order the installation or not.

               Once a defendant is found guilty of DWI or a refusal to take the alcotest, the judge then sentences him to a 7 month suspension and orders that he install an Interlock Device on his car , which remains on his car for 6 months after his license is restored.
               The interlock device must be installed on your car even during the time your license is suspended. This is to prevent people with suspended licenses from driving while revoked.
               You then go to the N.J. Motor Vehicle Commission and get the list of 7 companies which are approved to lease the interlock device. Call the companies on the list and compare their prices which can range between which range $65 and $125 a month. Some charge for installation, others build it into the price. There are other charges such as recalibrating the device every month or so.

             Once you choose the company, you  go to them for training on how to use the device which takes about 30 minutes. They show you how to enter the breath sample. If you breathe into it and your BAC is .05 or more, your car will not start for 60 minutes.
             You have to take your car to a certified installer who installs the mechanism and receive a certification of the installation. When your suspension is over, you take the certification to Motor Vehicle Commission and they issue a new license with a restriction on that you have to have an interlock on any car you operate. It also shows the date on when it can be removed.

                After blowing into the device to start your car, the testing device will ask for a retest after 5  or 10 minutes to make  breathe into the device again. After that random tests are required through the journey at intervals times 10 to 45 minutes. Should you fail to do the test, or give a BAC of .05 or more, your car horn will begin to blow in a way to attract the police.

                If you are a one car family, all drivers of the car will have to be trained to use the interlock.  If you are a multicar family,   only the  car "primarily used" by the defendant is required to have the interlock installed.

                 Finally a defendant must realize that during the period of his sentence he may not operate any car in the State of New Jersey unless it has an interlock device.


              So if you’re at a party and a friend, who has had too much to drink, asks you to drive home, CALL A CAB.

Click here for more information about NJ DUI/ DWIs

 

 

David P Donnelly
NJ criminal defense

Of Counsel
O'Mara Law Firm
25 Sycamore Ave. Suite #2
Little Silver, NJ 07734
732-822-8542

Common tags:

Juvenile Offenses, Municipal Court cases ,DWI ,Driving While Uninsured,Driving While in Possession of CDS and other Traffic Violations Drug Offenses, PIP Court, Domestic Violence ,Violent Crimes ,Shoplifting