The New Jersey ignition interlock device law is a strict measure to prevent drunk driving, requiring individuals convicted of driving under the influence (DUI) to install an ignition interlock device (IID) in their vehicles. However, there are certain circumstances under which a person may be eligible for an exemption from this requirement.
Understanding the NJ Ignition Interlock Device Law
The ignition interlock device is a Breathalyzer-type device that is installed in a vehicle's ignition system. Before starting the vehicle, the driver must blow into the device, which measures their blood alcohol concentration (BAC). If the BAC is above a certain threshold, the vehicle will not start.
Eligibility for Exemption
There are five ways to get an exemption from the NJ ignition interlock device requirement:
1. Employment Exemption
Individuals who are required to drive for work purposes may be eligible for an employment exemption. To qualify, they must provide documentation from their employer stating that they are required to drive a company vehicle for work purposes and that the company does not have any other vehicles available for them to use.
2. Financial Hardship Exemption
In some cases, individuals may be eligible for a financial hardship exemption if they can demonstrate that installing and maintaining an ignition interlock device would cause them undue financial hardship. To qualify, they must provide documentation showing their income and expenses and demonstrate that they do not have the financial resources to install and maintain the device.
3. Health or Medical Exemption
Individuals with certain medical conditions or health issues may be eligible for a health or medical exemption. For example, individuals with respiratory problems or those who are unable to blow into the device due to a medical condition may be exempt from the requirement.
4. Religious Exemption
In some cases, individuals may be eligible for a religious exemption if they can demonstrate that the use of an ignition interlock device conflicts with their sincerely held religious beliefs. To qualify, they must provide documentation from a religious leader or organization stating that the use of the device would conflict with their religious beliefs.
5. Special Circumstances Exemption
The court may also grant an exemption in special circumstances, such as if the individual is required to drive a vehicle that is not equipped with an ignition interlock device or if the device would cause an undue burden on the individual.
Steps to Apply for an Exemption
To apply for an exemption, individuals must follow these steps:
- Gather documentation: Collect all necessary documentation to support the exemption request, such as employer verification, financial records, or medical documentation.
- File a petition: File a petition with the court requesting an exemption from the ignition interlock device requirement.
- Attend a hearing: Attend a hearing to present the case for an exemption.
- Provide testimony: Provide testimony and evidence to support the exemption request.
Conclusion
While the NJ ignition interlock device law is strict, there are certain circumstances under which individuals may be eligible for an exemption. By understanding the eligibility criteria and following the steps to apply for an exemption, individuals may be able to avoid the requirement of installing an ignition interlock device in their vehicles.
We invite you to share your thoughts and experiences with NJ ignition interlock device exemptions in the comments below. Have you or someone you know been affected by this law? Share your story and help others understand the process of applying for an exemption.
What is an ignition interlock device?
+An ignition interlock device is a Breathalyzer-type device that is installed in a vehicle's ignition system to measure the driver's blood alcohol concentration (BAC) before starting the vehicle.
Who is eligible for an exemption from the NJ ignition interlock device requirement?
+Individuals who meet certain eligibility criteria, such as employment, financial hardship, health or medical, religious, or special circumstances, may be eligible for an exemption from the NJ ignition interlock device requirement.
How do I apply for an exemption from the NJ ignition interlock device requirement?
+To apply for an exemption, individuals must gather documentation, file a petition with the court, attend a hearing, and provide testimony and evidence to support the exemption request.