Update to New Jersey DWI Law
This past week, a bill was passed that will significantly change current law relative to drunk driving and ignition interlock device violations in New Jersey (New Jersey R.S. 39:4-50).
The revised law under the bill that was passed significantly decreases both, the maximum amount of time first-time and repeat offenders can expect to serve in prison and also for how long the offending party will need to forfeit his or her license.
This bill decreases the length of driver’s license suspensions for drunk driving and refusing to submit to a breathalyzer test, but increases ignition interlock device requirements for these offenses.
Under current law, the period of driver’s license suspension for first time drunk driving offenders is based on the offender’s blood alcohol concentration (BAC). If the offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, the driver’s license is suspended for three months. If the offender’s BAC is 0.10 percent or higher, the driver’s license is suspended for seven months to one year. The driver’s license suspension for refusing to submit to a breathalyzer test is currently seven months to one year.
Under this bill, the three month driver’s license suspension for first time offenders with a BAC of between 0.08 percent and 0.10 is reduced to 30 days. The seven month driver’s license for first time offenders with a BAC of 0.10 percent or higher is reduced to 45 days if the BAC is less than 0.15 percent and reduced to 90 days if the BAC is 0.15 percent or more. The seven month driver’s license suspension for a first offense or refusing to submit to a breathalyzer test is reduced from seven months to one year to 90 days under the bill.
Under current law, the installation of an ignition interlock device is discretionary for first time drunk driving offenders whose BAC is under 0.15 percent; if required by the court, the ignition interlock device is to be installed in the motor vehicle principally operated by the offender for six months to one year following the license suspension. First time offenders whose BAC is 0.15 percent or higher are required to install an ignition interlock device in the motor vehicle they principally operate during the period of suspension, in addition to six months to one year following the suspension. Installation of an ignition interlock device also is mandatory for a first offense or refusing to submit to a breathalyzer test; it is required during the period of license suspension and six months to one year after the suspension.
Under the bill, installation of an ignition interlock device would be mandatory for first time offenders and would be required during the license suspension, as well as following the suspension. For first time offenders whose BAC is 0.08 or higher and less than 0.10 percent, the required period of installation is three to six months; for a BAC of 0.10 percent or higher but less than 0.15 percent, the installation period is six months to one year; and for a BAC of 0.15 percent or higher the installation period is one year to 18 months.
Under the bill that was passed, drivers with multiple convictions of drunk driving or refusing the breathalyzer would also be required to install the ignition interlock device on each motor vehicle they own or operate.
The bill further specifies that a driver may not remove an ignition interlock device on the date of completing the required period of installation unless the driver provides to the New Jersey Motor Vehicle Commission certification from the manufacturer that, within the final one-third of that period certain conditions were met. First, the driver is required to certify that there were no attempts to start the motor vehicle with a BAC of 0.08 or higher unless a re-test conducted within five minutes of the initial test indicates a BAC of less than 0.08 percent. The driver also is to certify that there were no failures to take or pass a test with a BAC of 0.08 percent or higher unless a re-test conducted within five minutes of the initial test indicates a BAC of less than 0.08 percent. Finally, the driver has to certify that he or she complied with all maintenance, repair, calibration, monitoring, or inspection requirements related to the ignition interlock device. The data from the readings of the ignition interlock device are to be made available to the sentenced person upon request. Current law provides for a one year driver’s license suspension for failing to install a required ignition interlock device; the bill increases the suspension to 18 months.
While DWI is not a felony offense within New Jersey, the New Jersey DWI offense can still be used as a predicate for a New York DWI, whether or not the individual is a New York or New Jersey resident, which can, in turn, raise the offense to a felony.