JERSEY CITY, NJ — In New Jersey, drivers convicted of drunk driving now face mandatory ignition interlock device (IID) installation in almost every case, including first-time offenses. DUI attorney Rachel Kugel of The Kugel Law Firm explains the rules, durations, and strategies for reducing the impact of IIDs on daily life.
Since December 2019, New Jersey law requires IIDs for all DWI and breath-test refusal convictions under N.J.S.A. 39:4-50.17. Previously, first-time offenders were not automatically required to install the devices.
An IID is a breath-testing unit connected to a vehicle’s ignition system. Drivers must blow into the device before starting their car, registering a blood alcohol concentration (BAC) below 0.05%. The vehicle will not start if the BAC is higher. Additionally, devices require “rolling retests” at random intervals during driving to ensure sobriety throughout trips.
Duration of IID Installation
For first-time DWI offenses, the length of IID installation depends on BAC at arrest:
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BAC 0.08–0.10%: 3 months
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BAC 0.10–0.15%: 9–15 months
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BAC ≥0.15%: Installation required during license suspension plus 12–15 months after driving privileges are restored
Repeat offenders face stiffer penalties: second DWI convictions require 2–4 years of IID use after license reinstatement, while third and subsequent offenses carry the same interlock requirement, plus mandatory 180-day jail sentences and 8-year license suspensions.
Refusing a breath test also triggers IID obligations under N.J.S.A. 39:4-50.4a. First refusals require 6–12 months, while second refusals require 1–3 years plus a 2-year license suspension. These penalties are in addition to any consequences from DWI convictions.
Voluntary Installation and “2-for-1” Credit
A law effective in 2025 allows drivers to voluntarily install IIDs before their cases are resolved. First-time offenders who do so receive “2-for-1” credit: for every two days the device is installed, one day is credited toward required IID periods after conviction.
Costs and Compliance
Drivers are responsible for all IID-related costs, including installation, monthly leasing, calibration, and removal. Installation typically ranges from $70–$150, with monthly fees of $50–$100. New Jersey provides financial assistance for households at or below 100% of the federal poverty level.
Providing a breath sample for someone else is illegal. Both the driver and the person blowing into the device can face a disorderly persons offense, with penalties of up to $1,000 in fines and 6 months in jail.
Vehicle Restrictions
If a driver’s license requires an IID, operating any vehicle without the device installed is illegal, including cars owned by employers, friends, or family. The New Jersey Motor Vehicle Commission prints IID requirements directly on driver licenses.
Local Legal Assistance
Understanding IID requirements early can help minimize disruptions to daily life. In Jersey City, Hudson County, and surrounding areas, DWI cases are usually heard at the Jersey City Municipal Court at the Lewis S. McRae Justice Complex.
Rachel Kugel, who leads The Kugel Law Firm, emphasizes that knowing IID rules and compliance options can make a significant difference for drivers navigating these mandatory restrictions.
About The Kugel Law Firm
The Kugel Law Firm is a New Jersey-based practice exclusively focused on defending individuals charged with DWI/DUI. Attorney Rachel Kugel and her team have handled hundreds of cases across New Jersey and New York. For consultations, call (973) 854-0098 or visit The Kugel Law Firm.
