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attention: nj drivers
DWI laws are changing starting December 1, 2019. The NJ legislature is changing all the penalties for first, second and third offense DWIs. According to a recent national study by the Insurance Institute for Highway Safety, state laws requiring interlock devices for convicted drunk drivers reduced the number of drivers in fatal crashes with a blood alcohol of .08% or higher by 16% compared to states with no interlock law, 3% when ignition interlock devices were required for repeat offenders, and 8% when required for first time and repeat offenders.
What does this mean?
This means that our state legislature is allowing people convicted of DWI to keep their licenses but they must install interlock devices in their cars in order to drive.Real quick…what’s an interlock device?An interlock device is a machine installed in your car that requires the driver to blow into a tube to test the driver’s blood alcohol content. If there is alcohol detected, the car will not operate. Even the consumption of one drink can prevent a car from starting.
An interlock device is a way to:
- Keep people from starting their cars if they’ve had anything to drink.
- Deter drunk driving.
- Prevent fatal accidents.
- Empty your bank account; maintaining an interlock device is expensive.
Depending on your conviction, the device can remain in your vehicle for over a year.
Let’s talk about these changes. The new law starts December 1, 2019. If you get a DWI November 30, 2019 at 11:59 pm, you will be prosecuted under the old laws.
Below is a chart illustrating the differences in penalties.
| Old Law
* If any of this occurs in a school zone, the penalties are increased |
New Law
No increase of penalties if this occurs in a school zone |
|
| First offense | ||
| .08 %-.1% | – A fine of $250-$400*
Imprisonment for up to 30 days* – 3-month license suspension* – A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center -An automobile insurance surcharge of $1,000 a year for 3 years
|
– You will no longer have to have your license suspended.
– You will however forfeit your license until you successfully install an interlock device into your car. – The interlock must be installed for 3 months. – You will also have to pay a fine of $250 to $400 and attend an intoxicated driver resource center program
|
| >.1%-.15% | – A fine of $300-$500*
– Imprisonment for up to 30 days – A license suspension between 7 months and 1 year* – A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center – An automobile insurance surcharge of $1,000 a year for 3 years
|
– The same rules apply as above but the interlock will remain in your car for 7 months- 1 year.
– You will have to pay a fine of $300 to $500 and attend an intoxicated driver resource center program |
| >.15% | – Same as above except the driver must install an ignition interlock device in any vehicle they principally operate during the license suspension period and for a period of 6 months to 1 year after license restoration.
|
– You will forfeit your DL for 4-6 months after you install the interlock device.
-In other words, you will install an interlock device in your car, forfeit your license for 4-6 months and then be able to drive. -Once you regain the ability to drive, you will need to drive with the interlock device in your car for 9 to 15 months. The clock starts after the interlock device is installed. |
| Second Offense | – A fine of $500-$1,000*
Imprisonment of at least 48 consecutive hours, and up to 90 days* – 2-year license suspension* 48 consecutive hours detainment in a regional Intoxicated Driver Resource Center n 30 days of community service – An automobile insurance surcharge of $1,000 a year for 3 years – Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration
|
– Things get a lot worse.
– You will be subject to a fine of $500-$1000, you will need to perform 30 days of community service, complete an IDRC program, and forfeit your license for between 1 to 2 years. – You will need to install an interlock device in your car while your license is forfeited and once you regain the privilege to drive again, the device will remain in your car for another 4 years. |
| Third Offense | – A fine of $1,000*
– Imprisonment of 180 days* 10-year license suspension* – Detainment in an in-patient alcoholism treatment program – 30 days of community service – A fee to be paid to the Intoxicated Driver Resource Center dependent upon court sentence – An automobile insurance surcharge of $1,500 a year for 3 years – Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration
|
– You’re going to jail for at least 90 days, and no option for weekend sentencing. After the 90 days, you may have the option to finish your sentence in a rehabilitation facility but you will be serving real jail time at your local county ail.
– You will also forfeit your license for 8 years. |
Under the new law, there are penalties including interlock devices for refusing a breathalyzer test. DO NOT REFUSE. See our other video as to why you should not and how there are ways to litigate the breathalyzer reading.
The most important thing you should get out of this blog is the need for an attorney does not diminish because of these changes. While you may not necessarily lose your license, the penalties are still going to affect your day to day life. Not only will you be spending more money, you will have a DWI on your driving record. It can never be expunged and it will always show up on a background check. It will make getting certain jobs that include driving responsibilities impossible.
Hiring an attorney will drastically increase your chances of avoiding the conviction altogether. Contact the attorneys at the Law Office of Eric M. Mark if you ever are charged for Driving While Intoxicated.
By: Cristina R. D’Amato, Esq.
