• (800) 722-0383
We Take Personal Injury
Very Personally!

Free Consultation 24/7
Nights & Weekends

Ignition Interlock Devices for New Jersey DWI Offenses

4 Tips for Choosing an Attorney

Choosing an attorney to handle your case can be a difficult process. In the midst of an already stressful situation, many are overwhelmed by the task of choosing an attorney. This, coupled with the many law offices available in any given area, can add to the stress. But choosing an attorney is not unlike choosing… […]

Who Can Be Held Liable in a Product Liability Lawsuit?

Most reputable products go through an intensive research and development period to gauge the quality and safety of the product being created. Most companies will spend the most amount of time and money into this part of the creation of the product. However, sometimes a defective product does not show signs of being defective until… […]

What Products Contain Talcum Powder?

Whether it’s listed or not, talc is a common ingredient in a wide variety of products available on the shelf. On its own, talc is a mineral which has been linked to the development of cancer, particularly ovarian cancer. Talc is commonly found in talcum powder and baby powder, which are both the most popular… […]

Authorities Investigate Fatal Car Accident in NYC Times Square

A scary traffic accident in Times Square in NYC resulted in at least one death and injuries to numerous pedestrians. Moreover, the driver reportedly has a history of drunk driving arrests. The fatal accident occurred around 12:00 p.m., a time when many office workers in Manhattan are heading outside for their lunch hour. As a… […]

Experienced Lawyers Combat DWI Charges in New Brunswick, NJ

One way in which NJ lawmakers attempted to reduce the number of drunk driving accidents – many of which result in catastrophic injuries and fatalities – way to give judges wide latitude when it came to requiring individuals convicted of DWI/DUI offenses in New Jersey to install safety devices on their vehicles. These devices are known as ignition interlock devices and they prevent a motorist from starting their car until they are able to blow a “clean” breath sample into a machine that has been connected to the vehicle ignition. Keep in mind that installation of the ignition interlock device is typically required for all of the convicted driver’s cars, so it is very difficult to get around the requirement.

No one wants to have their driving privileges restricted. That’s why it is crucial for anyone who has been charged with Driving While Intoxicated (DWI) or Breath Test Refusal in NJ to speak with a qualified DWI defense attorney as soon as possible. If you have been accused of drunk driving in Middlesex County, Passaic County, Union County, Hudson County, or Essex County, Andrew John Calcagno and his team of skilled DWI defense lawyers can help you fight the charges and avoid penalties like ignition interlock devices.

How Do Ignition Interlock Devices Work?

Once a court order requiring installation of an ignition interlock device has been issued, it is incumbent upon the DWI offender to make arrangements for the device to be attached to their car.

An ignition interlock device works much like a breathalyzer. It is used to measure a motorist’s blood alcohol concentration (BAC). The motorist must blow a breath sample into the machine, which will then read the sample and determine whether the driver is intoxicated. When the person’s BAC is greater than .05 percent, the motor vehicle will not start. (In New Jersey, the legal limit for BAC is .08 percent, but ignition interlock devices have a lower threshold.)

Additionally, the motorist will usually be required to continue blowing clean breath samples every few minutes while operating the vehicle. If the motorist fails to provide a clean sample when prompted by the device, the vehicle will start to shut down.

Requirements to Install Ignition Interlock Devices in Middlesex County, NJ

As set forth by N.J.S.A. 39:4-50.16, individuals convicted of a DWI may be required by to install an ignition interlock device on their vehicles. For first-time DWI offenders, judges have discretion and may decide not to order installation of the ignition interlock device. In certain situations, such as a conviction for a second offense DWI or a third offense DWI, installation of the ignition interlock device becomes mandatory. Installation of the breath-testing machine is also mandatory when a first DWI offense involves a motorist whose BAC was greater than .15 percent, which is nearly double the legal limit of .08 percent in NJ.

The length of time during which the ignition interlock devices much be attached to the convicted DWI offender’s vehicles varies, depending on the severity of the offense and the number of prior DWI convictions on the person’s driving record. Here are some of the potential penalties:

  • First DWI Offense: At discretion of judge, ranges from six months to one year.
  • First DWI Offense with BAC Above .15 Percent: Mandatory for six months to one year.
  • Second DWI Offense: Mandatory for 1-3 years.
  • Third DWI Offense: Mandatory for 1-3 years.
  • Breath Test Refusal: Mandatory for six months to one year.

Keep in mind that the ignition interlock devices are only attached after a convicted DWI offender has been cleared to drive again on New Jersey roads. This is not always a given, especially since DWI convictions in New Jersey result in mandatory periods of license suspension and revocation. The NJ Motor Vehicle Commission (MVC) actually requires proof that the ignition interlock devices have been installed on the DWI offender’s cars before their driving privileges will be restored.

Additionally, it is also worth considering that the convicted motorist will have to pay the costs of installation, which can be considerable – especially since the ignition interlock device must be installed on every motor vehicle that the convicted motorist owns or plans to drive during the restricted period. The motorist will also be required to pay monthly maintenance costs, which can sometimes exceed $100 per month.

Schedule a Free Consultation with a Linden NJ DUI Attorney Today

Your ability to drive without distraction, and without the embarrassment of having to blow into a breathalyzer, is extremely important. If you have been charged with a DWI in Edison, Paterson, Rahway, or any other municipality in New Jersey, contact Calcagno & Associates now to arrange a free initial consultation.

We have obtained many significant and noteworthy verdicts
and settlements for our clients:

  • $4,743,086

    Four (4) Week Trial
    Train Accident

    Hudson County Superior Court
    Union, New Jersey

    View Case Summary
  • $2,500,00

    Three (3) Week Trial
    Head-On Collision

    New York Supreme Court
    New York, NY

    View Case Summary
  • $2,000,000

    Wrongful Death
    Products Liability

    Essex County Superior Court
    Newark, New Jersey

    View Case Summary

CALCAGNO & ASSOCIATES has obtained many significant and noteworthy verdicts and settlements for our clients:

Results vary, depending on the facts and circumstances of each case. This record of success in the courtroom and at the negotiation table serves our clients in two important ways: (1) It compensates them for their pain and suffering; and (2) It helps them rebuild their lives.

  • Free Consultation

    Contact Calcagno & Associates today to request a
    free consultation with a knowledgeable personal injury attorney about your accident and injuries.

  • Available 24/7

    We are available for free consultations,
    day and night.

  • Fully Confidential

    We will safeguard your privacy and protect
    your reputation.

Locations throughout New Jersey & New York