How To Use New Jersey’s 2024 Voluntary IID Laws Strategically

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In this article, you’ll learn about:

• How New Jersey’s new voluntary IID (Ignition Interlock Device) law can reduce license suspension periods for DUI convictions starting in 2024.
• Why timing matters when installing an IID voluntarily and how it could impact your case.
• The potential limitations and challenges to using IID installation as a strategy, especially for repeat offenders or cases involving serious injury.

How Can Voluntary Ignition Interlock Device Installation Reduce My License Suspension Period After A DWI In New Jersey?

Since the passing of Bill S-3011/A-4800 in February 2024, you may be able to reduce your license suspension period If you install an Ignition Interlock Device (IID) voluntarily before your DWI conviction. Under this law, for every two days you have the IID installed before conviction, you earn one day of credit toward reducing your license suspension. But this credit applies only to the suspension itself, not to the mandatory IID period required after conviction.

For example, a first-time offender with a blood alcohol content (BAC) over 0.15 faces a three-month license suspension. By installing an IID early, two months before you are convicted of DWI, you can reduce that suspension period by 30 days. Timing is essential, though. If you install the IID too early, you may actually extend the period you need to have the device installed, as you will still be required to use the IID for a certain amount of time post-conviction.

Will Installing An IID Voluntarily Be Seen As An Admission Of Guilt In My New Jersey DUI Case?

There is no definitive answer to this yet, but it is quite unlikely that voluntarily installing an IID will be seen as an admission of guilt. Courts generally follow rules that discourage negative repercussions for people who pursue remedial actions, especially when the public policy encourages their use, like with voluntary IID installations. It is possible that a prosecutor could argue that the IID installation implies guilt, but a judge would need to rule on this. If the judge makes an adverse inference, the defense should ensure the issue is preserved for appeal.

Are There Any Circumstances Where Voluntarily Installing An IID Might Negatively Impact My Case?

In some circumstances, voluntarily installing an IID could negatively affect your case. If you violate the IID restrictions, such as triggering violations through elevated BAC readings, the installer is required to report these incidents to the court. Technical violations occur when your BAC is registered at 0.08 or above, but the device may lock your vehicle if your BAC is even lower–at or around 0.05. False positives can also occur from everyday activities like using alcohol-based mouthwash or eating certain foods. These false positive readings or violations could impact how the court views your compliance with the device’s requirements.

What Proof Do I Need To Show That An IID Was Installed Voluntarily? How Can I Document The Process To Support My Case?

You will need several key documents to show that an IID was installed voluntarily. First, obtain a contract from the IID installer. After installation, the installer should provide you with a certificate of installation, which you’ll bring to the Motor Vehicle Commission (MVC). The MVC will then issue a driver’s license with the IID restriction noted on it.

If there are any issues along the way—such as the installer refusing to issue the certificate without a conviction or the MVC not processing the interlock restriction—make sure you document these interactions. Ask for a report from the MVC, which typically includes multiple copies, and keep the pink copy to prove your compliance. This documentation will support your case, demonstrating that you made every effort to follow the statute, even if administrative issues arise.

How Does New Jersey Law View Voluntary IID Installation In DWI/DUI Cases Involving Repeat Offenders?

For second and third-time DWI offenders, voluntarily installing an Ignition Interlock Device (IID) before conviction can still provide benefits, although the license revocation periods are much longer. Second-time offenders face a one- to two-year license revocation, while third or subsequent offenders face an eight-year revocation period in addition to a six-month jail term.

By installing an IID early, you can reduce the overall license revocation period. For instance, if your case is delayed—such as in cases that are based on breath test results from the Alcotest model 9510, which is currently under litigation in State v. Cunningham—you could earn credit toward your revocation period while awaiting the outcome.

In State v. Cunningham, the New Jersey Supreme Court is currently assessing the scientific reliability of the Alcotest model 9510, which has delayed adjudication for cases where the device plays a key role. This litigation may extend well into 2026, which means that if you are a second or third-time offender, installing an IID now could reduce your eventual revocation period by several months or more.

For a second offender, reducing a one- to two-year revocation by several months can be meaningful. For third offenders, while an eight-year revocation is lengthy, reducing this period can still make a worthwhile difference over time. As always, talking to a trusted DWI attorney can help you determine the best timing and strategy for using an IID to offset your license revocation period.

What Is The Court’s General Stance On Voluntary IID Installation In Accidents Involving Serious Bodily Injury?

If a DUI case involves an accident that caused serious bodily injury to another person, voluntary IID installation does not grant the usual pre-conviction credit toward reducing license suspension. In fact, cases with serious bodily injury often escalate from traffic offenses to criminal charges, such as vehicular assault or vehicular homicide, which are handled by county prosecutors and carry much more severe consequences, including lengthy prison sentences. These consequences overshadow the benefit of IID installation.

In cases where minor injuries are involved, the offender may still qualify for the IID hedge, but in cases involving third-degree or higher charges, like vehicular assault, the penalties can include three to five years in prison. For second-degree significant bodily injury, offenders face even stiffer penalties of five to ten years in prison, making IID credit largely irrelevant.

In cases where only minor injuries occurred, IID credits may still apply. But if serious bodily injury is involved, voluntary IID installation is unlikely to impact the outcome meaningfully, especially with impending criminal charges.

Are There Any Situations In Which The Court Would Not Allow Me To Use Voluntary IID Installation As Part Of My DUI Defense?

In cases involving severe injuries or criminal charges, voluntary IID installation is unlikely to have a meaningful impact on the case outcome. The only potential benefit of IID installation in such cases would be as a mitigating factor at sentencing or as a condition to continue driving on appeal. Both of these decisions are completely within the judge’s discretion

Still Have Questions? Ready To Get Started?

For more information on New Jersey’s 2024 Voluntary IID Laws, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.