In addition to the penalties for second and third offenders, judges must sentence the person to either installing an ignition interlock device or revocation of vehicle registration.
A judge can sentence a first offender to the ignition interlock, also. The device would be on any motor vehicle owned, leased or regularly operated by the convicted person, for a period of six months to one year after the person gets his or her license back after the suspension from the conviction.
On a second offense, the ignition interlock device, which measures the driver’s blood alcohol level, may be required for one to three years following license restoration after a DWI conviction.
The driver sentenced under this law cannot drive any vehicle that does not have this device installed in it. MVC imprints a notation on the driver's license stating that the person shall not operate a motor vehicle unless it is equipped with an interlock device and enters this requirement in the person's driving record.
The device stays on the vehicle(s) until completion of the time period imposed by the judge. The convicted person can surrender his license also, and have the device removed from the vehicle(s).
The “alcohol setpoint” is 0.05% BrAc.
The penalty for driving a vehicle equipped without the device, or by starting the car by some way other than blowing into the device, is one year additional suspension of driving privileges.
If someone blows into the device for you, that person is subject to a “disorderly person” criminal complaint, with penalties of up to $1,000.00 fine and six months in jail.
Tampering with the device is also a disorderly person’s offense.
If you are sentenced to install an interlock device, you have to pay for installation of it, as well as a monthly leasing fee for the product. The reduced rate for indigent persons is 50 percent of the installation charge and 50 percent of the monthly leasing fee.
A list of the BAIIDs (breath alcohol ignition interlock devices) certified by the MVC, and the service centers where the BAIIDs may be obtained and serviced, may be obtained by contacting MVC at the following address:
New Jersey Motor Vehicle Commission
PO Box 134
Trenton, NJ 08625-0134
(609) 292-7500
Registration Revocation
The registration revocation applies to all passenger automobiles, motorcycles and noncommercial trucks owned or leased by the repeat drunk driving offender, including vehicles that are jointly registered or leased by that offender. The offender is required to surrender to the Motor Vehicle Commission, within 48 hours, all registration certificates and registration plates of currently registered vehicles. Failure to comply could result in impoundment of these vehicles. The period of registration revocation would be two years for a second drunk driving conviction and ten years for a third or subsequent drunk driving conviction and would run concurrent to the period of license suspension imposed for the violation of the DWI law.
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