New Jersey drivers convicted of alcohol-based DWIs can now earn credit toward their license suspension by installing an ignition interlock device, which potentially reduces or eliminates their suspension time.
This change in the law helps those in New Jersey who are facing a drunk driving charge and the serious consequences that could come with a conviction, including a loss of their driving privileges. Depending on your eligibility, this relatively recent change to New Jersey DWI law could impact your case.
After consulting an experienced DWI defense lawyer and learning about the new ignition interlock device (IID) credit, you may discover that you have options available to you that you did not have in the past after a DWI arrest.
What Is An Ignition Interlock Device?
An ignition interlock device is a small breathalyzer installed in your vehicle. Before the engine starts, you must blow into the device. If your blood alcohol concentration (BAC) exceeds the preset limit, the car won’t start. The device records all attempts, regardless of success or failure. The Motor Vehicle Commission (MVC) monitors this log.
IIDs are tools that keep alcohol-impaired drivers off the road. Now, they can also help people facing drunk-driving charges in New Jersey reduce their driver’s license suspensions.
What Are the Big Changes to the New Jersey DWI Law?
New Jersey now uses a “2-for-1” IID credit. For every two days you have a functioning IID installed in your vehicle, you can earn one day of credit against your driver’s license suspension. This credit rule can dramatically shorten the length of your restriction. In some cases, the credit may eliminate the suspension.
The law also clarifies that pre-conviction and post-conviction installation can count toward credit, provided you meet the eligibility requirements. Courts recognize voluntary IID installation before sentencing as a proactive step that may reduce penalties. So, the law gives drivers a new option to regain their full driving privileges sooner.
New Jersey is now one of the few states that allows eligible DWI offenders to substantially reduce or bypass a license suspension by using an IID. It’s a middle ground between keeping impaired drivers off the road while still maintaining accountability and road safety.
When Did the New DWI Law Take Effect in New Jersey?
The new law went into effect on April 3, 2025. However, some attorneys believe it may apply retroactively to offenses committed on or after February 19, 2024, in keeping with prior DWI reforms.
If you were charged with an alcohol-related DWI or refused a chemical test after either date, an experienced DWI defense attorney can help you determine if you qualify for IID credits under this new state law.
Can You Still Drive If You Have the Ignition Interlock Device Installed in Your Car?
While your license may be suspended under the original terms of your DWI conviction, installing an IID may allow you to get a restricted-use license from the MVC. This limited license will enable you to drive to work, school, or other court-approved destinations, provided the device is installed correctly and monitored.
Your IID will continuously log your BAC and driving activity. If you fail to follow the IID program rules, you can face additional penalties, or the courts can reinstate your full suspension. Courts generally allow driving privileges only when you comply with the program’s requirements. So, it’s essential to follow the rules exactly.
Who Can Qualify for the New 2-for-1 Ignition Interlock Credit?
Unfortunately, not everyone will be eligible for the new credit. This option is limited to certain alcohol-based DWI offenses.
To qualify for the 2-for-1 ignition interlock credit:
- The offense must involve alcohol only, not drugs or a combination of substances.
- The DWI must not result in serious bodily injury to another person.
- The vehicle must not be a commercial vehicle operated under the influence of controlled substances.
- You must have installed the IID before you were convicted.
- You must have a New Jersey driver’s license in good standing.
The law doesn’t explicitly mention refusal cases. However, some New Jersey DWI lawyers argue the language may extend eligibility to drivers who declined a BAC test but voluntarily installed an IID, pending future court clarification.
What Are the Penalties for a DWI/DUI in New Jersey?
DWI penalties in New Jersey vary based on whether it is a first or subsequent offense, as well as your blood alcohol content (BAC) level and whether any injury occurred.
Common drunk driving conviction penalties include:
- License suspension (length varies by offense tier)
- Fines ranging from several hundred to thousands of dollars
- Probation or community service
- Jail or prison time, in some cases, particularly for repeat offenses or high BAC levels
- Mandatory participation in alcohol education programs.
Installing an IID and qualifying for the 2-for-1 credit can reduce the effective suspension period. Still, other fines, probation requirements, and penalties will remain intact.
Under the New Law, Can DWI Penalties Be Plea Bargained?
Plea bargaining allows a driver to plead to a lesser offense or avoid harsher DWI tiers while still facing other charges (like reckless driving), if applicable. This flexibility applies to cases involving standard DWI charges and those cases involving refusal to submit to a BAC test.
Plea bargaining can be complex. Your eligibility for a deal depends on the specific facts of your case, including your prior record. Prosecutors and courts will also consider whether you caused injury or property damage, and your willingness to comply with the IID requirements. A skilled DWI defense lawyer can help evaluate your options and negotiate the most favorable outcome possible.
Contact a New Jersey DWI Defense Lawyer
New Jersey’s new DWI law can be an excellent option for some drivers, but not everyone will qualify. The best way to determine your options is to consult a knowledgeable DWI defense attorney.
The Law Office of Jason A. Volet has over 19 years of experience handling all types of felonies and misdemeanors, with more than 4,000 cases to its name, including both prosecution and defense roles. With experience as a former Assistant Prosecutor in Monmouth County, attorney Jason A. Volet knows how to protect clients’ interests and identify opportunities to reduce penalties, including using the new IID credit and negotiating plea deals.
Please read our results and testimonials from past clients to see the outcomes we’ve achieved. If you were charged with a DWI or refused a BAC test after February 19, 2024, don’t wait to get legal help. Contact us today for a free consultation.
