New Jersey DUI Attorney Rachel Kugel Explains Ignition Interlock Device Requirements After DWI Convictions

JERSEY CITY, NJ - New Jersey drivers convicted of drunk driving face mandatory ignition interlock device installation in virtually all cases, including first offenses. New Jersey DUI attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/when-do-you-have-to-install-an-ignition-interlock-device-iid-after-a-dui/) outlines when IID installation is required, how long devices must remain installed, and how drivers can minimize the impact on their lives.

Since December 2019, New Jersey law requires ignition interlock devices for all DWI and breath test refusal convictions under N.J.S.A. 39:4-50.17. "This includes first-time offenders, which was not always the case under prior law," New Jersey DUI attorney Rachel Kugel explains. The specific duration depends on blood alcohol concentration levels and offense history. An ignition interlock device is a breath-testing unit wired into vehicles' ignition systems. Before starting cars, drivers must blow into devices and register blood alcohol concentrations below 0.05%. Vehicles will not start if breath samples exceed this limit. Devices also require "rolling retests" at random intervals while driving to ensure drivers remain sober throughout trips.

For first DWI offenses, required IID periods vary based on BAC levels at arrest. Drivers with a BAC between 0.08% and 0.10% must have devices installed for three months. BAC between 0.10% and 0.15% requires installation for nine to fifteen months. According to New Jersey DUI attorney Rachel Kugel, a BAC of 0.15% or higher requires installation during license suspension periods, plus an additional twelve to fifteen months after driving privileges are restored.

"Penalties increase significantly for repeat offenders," notes DWI defense attorney Rachel Kugel. Second DWI convictions require IID installation for two to four years following license restoration. Third and subsequent offenses also carry two- to four-year interlock requirements, in addition to mandatory 180-day jail sentences and eight-year license suspensions.

Refusing to submit to breath tests triggers separate IID requirements under N.J.S.A. 39:4-50.4a. First refusals require IID installation for six to twelve months, significantly longer than the three-month requirement for first DWI with low BAC. Second refusals require devices for one to three years, plus two-year license suspensions.

"Refusal penalties apply in addition to any penalties from underlying drunk driving charges," Kugel emphasizes. "Drivers who both refuse breath tests and are convicted of driving while intoxicated face consequences for both offenses."

Under a law that took effect in 2025, drivers arrested for drunk driving can voluntarily install IIDs before cases are resolved. First-time offenders who voluntarily install devices receive "2-for-1" credit toward required IID periods. For every two days with compliant devices installed pre-conviction, drivers earn one day of credit against eventual license forfeitures.

Drivers are responsible for all costs associated with IIDs, including installation, monthly leasing fees, calibration, and removal. Installation typically costs between $70 and $150, with monthly leasing fees ranging from $50 to $100. New Jersey offers financial assistance for drivers whose family incomes do not exceed 100% of the federal poverty level.

Having another person provide breath samples for IIDs is a violation of N.J.S.A. 39:4-50.17. "Both you and the person who blows into the device can be prosecuted for a disorderly persons offense," Kugel advises. "This carries penalties of up to $1,000 in fines and six months in jail."

If licenses require IIDs, drivers cannot legally operate any vehicles without devices installed. This restriction applies to all vehicles, including those belonging to employers, family members, or friends. The New Jersey Motor Vehicle Commission prints notations directly on driver's licenses stating these restrictions.

For drivers facing DWI charges in Jersey City, Hudson County, and surrounding areas, understanding IID obligations early can help minimize disruptions. Cases are typically heard at the Jersey City Municipal Court at the Lewis S. McRae Justice Complex.

About The Kugel Law Firm:

The Kugel Law Firm is a New Jersey law firm dedicated exclusively to defending individuals charged with drunk or impaired driving. Led by attorney Rachel Kugel, the firm has handled hundreds of DWI/DUI cases across New Jersey and New York. For consultations, call (973) 854-0098.

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