If you have an interlock device in your motor vehicle, failing a test can have dire consequences. Because of this, New Jersey residents should learn how many times they can fail an interlock test and what can happen if they do.
Generally, people have two chances to fail an interlock test. After the first test, the interlock device will shut your car down for some time. Then, when driving, you will be prompted to take additional tests. If you fail again, you will be unable to operate your vehicle. Regardless of the results, each test is sent to law enforcement. Because of that, it’s important for New Jersey residents with interlock devices to be careful. If they don’t, it could violate the terms of their parole or probation.
If you were recently arrested for driving while intoxicated (DWI) in New Jersey, our lawyers can help. For a free case evaluation with the New Jersey DWI attorneys at the Law Offices of John J. Zarych, call today at (609) 616-4956.
How Often Can You Fail a New Jersey Interlock Test?
Failing a New Jersey interlock test can negatively impact your probation or parole if you’ve recently been convicted of driving under the influence. Often, failing an interlock test just once is enough for New Jersey residents to face the consequences.
Failing even one interlock test can have a negative impact on New Jersey residents. An interlock testing device is often placed in the motor vehicle of a New Jersey resident convicted of a DWI. This machine is connected to your car’s ignition. In order for the car to drive, a person must breathe into the interlock device to test their blood alcohol content (BAC). If a person’s BAC is over a certain amount, usually 0.05%, the alarm on the device will sound until the car is turned off.
This is failure number one. If you fail an initial interlock test, that information will get sent to New Jersey law enforcement. A failed test can cause your car to stop working for around an hour. Subsequently, there may be periodic tests throughout your drive to ensure you are not driving under the influence. With each failure, the alarm will sound, lights will flash, and you will be unable to drive your vehicle. If you fail an interlock test, even just one time, it may be wise to call your New Jersey DWI attorney as the test results are likely on their way to a local law enforcement agency.
What Happens if You Fail to Take an Interlock Test in New Jersey?
If your parole or probation conditions require you to have an interlock device on your motor vehicle, then you must take the test when prompted. If you fail to take the test, even just once, you could be in violation of your parole or probation.
Taking an interlock test when prompted is crucial. If you don’t take the test before you start driving, you won’t be able to operate your vehicle. If you fail the initial test and choose not to take the rolling tests that can occur randomly throughout a drive, the alarm will sound. Generally, drivers have about five minutes to take a rolling test, giving them ample time to pull over safely.
Local law enforcement may be notified if you fail to take either an initial or subsequent interlock test. If your parole or probation officer reaches out to you, call your New Jersey DDWI attorney right away. Failing to take even one interlock test when prompted can qualify as a violation of your parole or probation, which can have negative consequences.
How Can You Avoid Failing a New Jersey Interlock Test?
Failing an interlock test can be damaging for New Jersey residents with previous DWI convictions. To avoid potential consequences, you need to learn how to avoid failing an interlock test for the duration of your probation or parole.
Generally, the best way to avoid failing an interlock test is to refrain from drinking alcohol altogether. Often, a condition of parole or probation is that a person convicted of a DWI cannot drink alcohol under any circumstances. Even if you pass an interlock test because your BAC is below the threshold, that data will be logged. So, if you are not allowed to drink alcohol as a condition of your parole yet pass an interlock test after drinking, law enforcement will still have access to that information. You may still be in violation of your New Jersey parole or probation despite passing an interlock test.
If, however, it is not a condition of your parole or probation to remain completely sober, you can avoid failing an interlock test by waiting to drive after drinking. Generally, it’s best to wait to drive for several hours per drink. Your BAC may be over 0.05% after just one drink, depending on your height and weight.
It is always wise to forgo driving on the days you drink alcohol if your car has an interlock device. However, it is important to remember that if remaining sober is a condition of your parole or probation in New Jersey, you should not drink alcohol at all. You should never ignore a prompted interlock test or have a passenger take one on your behalf.
What Should You Do if You Fail an Interlock Test in New Jersey?
Failing an interlock test can be damaging to New Jersey residents with previous DWI convictions. If you fail an interlock test, even if it is just failure, you should call your lawyer right away.
Immediately after failing an interlock test, reach out to your New Jersey DWI attorney. Even if your BAC is below the legal limit for driving in New Jersey, failing a test can have negative consequences.
By informing your lawyer right away, you can help to protect yourself. Sometimes a failed interlock test happens because you ate something with alcohol or recently used a product containing alcohol, like mouthwash. It’s important to call your New Jersey DWI attorney immediately so they can help you after you fail your interlock test.
Call Our New Jersey Lawyers Today if You Failed an Interlock Test
If you’ve recently been arrested for failing an interlock test, call our lawyers. For a free case evaluation with the New Jersey DWI attorneys at the Law Offices of John J. Zarych, call today at (609) 616-4956.