Additional Resources for DWI and Other Serious Cases
1. What are the ignition interlock device requirements under New Jersey DWI sentencing laws?
If your license was suspended for a DWI offense, the court may require you to get an ignition interlock device to prevent a vehicle from starting if your BAC exceeds 0.05%.
First DWI offense: Installation of interlock device for six months to one year upon restoration (judge’s discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration
Second DWI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration.
Third DWI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration.
If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. It is important to note that the failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.
2. When I resided in New Jersey, I was issued a DWI but have since moved to another state. I was told by the ignition interlock companies in the state where I now live that I am not required to have the device installed on any vehicle. Is this true? What should I do?
No, this is not true. Installation of the interlock device is a condition for having your license restored in New Jersey. Your privilege is suspended in New Jersey and will remain suspended until you have satisfied all requirements for restoration. An interlock device needs to be placed on any vehicle you operate in order for you to be restored. Failure to do so will keep you suspended in NJ, which may prevent your new state from issuing you a license. In order to comply with the interlock limitation requirements while living in your current location, we suggest that you check the MVC website for a list of manufacturer’s. Call each of the manufacturers to find out which of them does business at a location near you. Go to that location with your letter from the MVC and have the device installed on a vehicle. Once the device is installed, mail copies of any receipt and other documentation that you receive from the installer to;
Motor Vehicle Commission,
Driver Management Bureau,
PO Box 134, Trenton, NJ, 08650,
Attention: Interlock Compliance
3. I am a student and currently do not own or operate a vehicle. What should I do?
If you do not plan to operate any vehicles following your suspension term, you may obtain a non-driver ID by presenting 6 Points of Identification at any Motor Vehicle Agency. In order to restore your driving privileges, you will need to provide the MVC with a service invoice and a certification of interlock installation to prove installation of an ignition interlock device on any vehicle you will be operating. The vehicle does not need to belong to you.
4. What happens if I don’t have the interlock device installed on a vehicle?
Failure to install a court ordered ignition interlock device a vehicle you operate may result in an additional one year driving privilege suspension.
5. I called the MVC’s 7500 phone line and was told there is an entry saying “Interlock Limitation during Suspension,” which means I have to have an interlock device on my vehicle during my suspension time. Is this true?
Yes. As required by New Jersey statute, a judge may order an interlock limitation during and after the suspension
6. Can I have the suspension order changed if I don’t have a vehicle to put the interlock device on?
The MVC does not have the authority to modify a court order. You were sentenced to the interlock installation in accordance with the statutes of the State of New Jersey. The interlock device must be installed on every vehicle you intend to operate. If you do not have access to or plan to operate any vehicle, it is not necessary to restore your New Jersey driving privilege.
7. What happens if I have the interlock device removed before my interlock requirement time is over? For example, my vehicle was totaled in an accident or if was impounded or sold?
You must have the interlock device removed from your vehicle and return the unit to your interlock provider. The interlock provider will then notify the MVC that the device was removed. The MVC will send you a letter explaining that your driving privilege will be suspended until you provide another interlock certificate as proof that an interlock device has been installed on a vehicle. The vehicle that you have an interlock device
installed on must be the vehicle that you will principally operate during the term of the court order. You may not legally operate any vehicle without an interlock device installed for the entire term of the court order.
8. Can I have an interlock device installed on my motorcycle?
No. None of our approved installers provide interlock devices for motorcycles. What happens if I cannot operate the interlock device due to a medical condition? You must contact your physician and get a detailed note explaining your condition and why you are able operate the interlock device. Then present the note to you interlock manufacturer who will forward the note to MVC for consideration.
