Reduced DL suspension for DWI with law Expanding Use of Ignition Interlock Devices P.L.2019, c.248.
On 8/23/2019 new laws signed expanding the use of ignition interlock device for those convicted of drunk driving offenses and of refusing breath tests. The legislation (S824) also reduces the length of license suspension and forfeitures for these offenses. New law takes effect December 1, 2019
This law requires that first time offenders install ignition interlock devices (IID), at a cost to the offender. IIDs and suspensions from then on are based upon the severity of the offense.
If someone does not own a car.
n Attest to Court that you don’t own, lease or operate a motor vehicle – Lose License for Interlock Period
Offense
|
BAC
|
Suspension
|
1st
|
0.08 to 0.10
|
3 months
|
1st
|
0.10 to 0.15
|
7 to 12 months if you don’t own a car
|
1st
|
Over 0.15
|
9 to 15 months if you don’t own a car
|
2d offense
| |
2 to 4 years if you don’t own a car
|
It is better to buy a cheap car and pay for interlock so you can get your license restored
First-time offenders with BAC of:
0.08 to 0.10
Fine
|
Old $250-400 + 389
|
New same
|
IDRC
|
12-48 hrs
|
same
|
Jail
|
30 days discretionary
|
same
|
Suspension
|
90 days
|
New Until install of Interlock
|
Interlock
|
6 months – 1yr discretionary (after suspension)
|
3 months after install
Source: NJ Bar seminar
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(1) For the first offense:
(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days [and] . In addition, the court shall [forthwith] order the person to forfeit [his] the right to operate a motor vehicle over the highways of this State [for a period of three months] until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
First Offense 0.10 to 0.15 - must install ignition interlock at own cost
Fine
|
Old $300-500 + 389
|
New same
|
IDRC
|
12- 48 hrs
|
same
|
Jail
|
30 days discretionary
|
same
|
DUID
|
7-12 months DL suspension
|
same
|
Suspension
|
7-12 months
|
New Until install of interlock
|
Interlock
|
6 months -1yr
Discretionary (after suspension)
|
7-12 months after install Source: NJ Bar Assoc Seminar
|
(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days [and];
in the case of a person who is convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug or permitting another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by the person or under the person’s custody or control, the person shall [forthwith] forfeit [his] the right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;
higher than 0.15 - must install ignition interlock at own cost
Fine
|
$300-500 +389
|
same
|
IDRC
|
12 -48 hrs
|
same
|
Jail
|
30 days discretionary
|
same
|
Suspension
|
7-12 months
|
Until install of interlock and for 4- 6 months after installation
|
Interlock
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6 months – 1yr mandatory during suspension and 6 months -1 yr after suspension
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Interlock remains between 9- 15 months after license restored
Source: NJ Bar Assoc Seminar
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in the case of a person whose blood alcohol concentration is 0.10% or higher but less than 0.15%, the person shall forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
in the case of a person whose blood alcohol concentration is 0.15% or higher, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than four months or more than six months following installation of an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
Second
Fine
|
Old $500-1000 +389
|
New same
|
IDRC
Community Service
|
48 hours
30 days
|
Same
same
|
Jail
|
2 – 90 days discretionary (substitute IDRC for jail)
|
same
|
Suspension
|
2 years
|
1 – 2 years
|
Interlock
|
1-3 years + during suspension period
|
During period of suspension and 2- 4 years after restoration Source: NJ Bar Assoc Seminar
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For a second violation, a person shall be subject to a fine of not less than $500 nor more than $1,000, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on [such] terms [as] the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, [nor] or more than 90 days, and shall forfeit [his] the right to operate a motor vehicle over the highways of this State for a period of not less than one year or more than two years upon conviction[, and after].
After the expiration of [said] the license forfeiture period, [he] the person may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
Third offense
Fine
|
Old $1000 +389
|
New same
|
IDRC
|
48 hours
|
same
|
Jail
|
180 days w/ possible 90 reduction for treatment
|
same
|
Suspension
|
10 years
|
8 years
|
Interlock
|
During period of suspension and 2-4 years after restoration
| |
(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit [his] the right to operate a motor vehicle over the highways of this State for [10] eight years.
For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
Refusal
n If in connection with 1stDWI then suspended until the defendant installs an interlock for 9-15 months after the license is restored
Section 2 of P.L.1981, c.512 (C.39:4-50.4a) is amended to read as follows:
2. a. [Except as provided in subsection b. of this section, the] The municipal court shall [revoke the right to operate a motor vehicle of] order any [operator] person who, after being arrested for a violation of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14), [shall refuse] refuses to submit , upon request, to a test provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) [when requested to do so, for not less than seven months or more than one year unless]:
(1) if the refusal was in connection with a first offense under this section, to forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
n If in connection with a 2ndDWI license is suspended for 1 to 2 years after the interlock is installed; it shall remain 2 to 4 years after the restoration
(2) if the refusal was in connection with a second offense under this section, [in which case the revocation period shall be for two years or unless], to forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than one year or more than two years following the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
Third Refusal If the refusal was in connection with a 3rdor subsequent DWI then license is suspended for 8 years after the interlock device is installed and remains 2 to 4 years after the license is restored
All other penalties for refusal are the same – IDRC, Fines, Penalties, etc.
(3) if the refusal was in connection with a third or subsequent offense under this section [in which case the revocation shall be for ten years], to forfeit the right to operate a motor vehicle over the highways of this State for a period of eight years following the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.). A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.
What if you are poor? Revised N.J.S.A.39:4-50.17
u(a) If family income does not exceed 100% of the federal poverty level, the monthly leasing fee is 50% of the regular fee.
u(b) If family income does not exceed 149% of the federal poverty level, the monthly leasing fee shall be 75% of the regular fee.
u(c) Qualifying individuals are not be required to pay
uinstallation fee
ucost for monitoring of the device
ufees for calibration or removal of the device.
Federal Poverty Level (1/11/2019): $12,490/year + $4,420 each additional person – U.S. Dept. of Health and Human Services[source: NJ Bar seminar]
39:4-50.17: whether the offender qualifies for a reduced fee for monthly rental of an ignition interlock device pursuant to section 6 of P.L.2009, c.201 (C.39:4-50.17a) categorized by family income exceeding 100 percent or 149 percent of the federal poverty level; the percentage these offenders constitute of the total number of offenders; and the number of these offenders that reside in each county;
School zone DWI eliminated
39:4-50.19 Violation of law; penalties. No changes
4. a. A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or regularly operated by him shall have his driver's license suspended for one year, in addition to any other suspension or revocation imposed under R.S.39:4-50, unless the court determines a valid reason exists for the failure to comply. A person in whose vehicle an interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall have his driver's license suspended for one year, in addition to any other penalty applicable by law.
b. A person is a disorderly person who:
(1) blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle;
(2) tampers or in any way circumvents the operation of an interlock device; or
(3) knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.
c. The provisions of subsection b. of this section shall not apply if a motor vehicle required to be equipped with an ignition interlock device is started by a person for the purpose of safety or mechanical repair of the device or the vehicle, provided the person subject to the court order does not operate the vehicle.
L.1999, c.417, s.4; amended 2009, c.201, s.3.
revised 39:4-50.18 Notification to NJMVC of ignition interlock device installation.
3. a. The court shall notify the Chief Administrator of the New Jersey Motor Vehicle Commission when a person has been ordered to install an ignition interlock device in a vehicle pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.). The commission shall require that the device be installed before restoration of the person's driver's license that has been forfeited pursuant to R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a).
b. The commission shall imprint a notation on the driver's license stating that the person shall not operate a motor vehicle unless it is equipped with an ignition interlock device and shall enter this requirement in the person's driving record. The expiration date of the device requirement shall not be imprinted on the license.
c. Notwithstanding the provisions of section 2 of P.L.1999, c.417 (C.39:4-50.17), an ignition interlock device shall be removed on the date the person completes the installation period only if the person submits to the chief administrator a certification from the vendor that:
(1) during the final 30 days of the installation period there was not more than one failure to take or pass a test with a blood alcohol concentration of 0.08% or higher unless a re-test conducted within five minutes of the initial test indicates a blood alcohol concentration of less than 0.08%; and
(2) the person complied with all required maintenance, repair, calibration, monitoring, and inspection requirements related to the device.
d. If the vendor does not issue a certification to the person because there were two or more violations of paragraph (1) of subsection c. of this section, the vendor shall forward the violation information to the chief administrator and the court. The court shall decide whether to extend the period of ignition interlock device installation for up to 90 days or issue the certification to the chief administrator.
L.1999, c.417, s.3; amended 2019, c.248, s.5.
During of the period of IID installation imposed by the sentencing judge, the defendant may not operate any vehicle that is not equipped with an IID. (NJSA 39:4-50.17(c)). A notation to this effect will be imprinted on the operator’s license. (NJSA 39:4-50.18(b)). The new DWI, refusal and interlock laws will be addressed at the NJ Bar seminar Handling Drug, DWI and Serious Cases in Municipal Court Seminar
