Proposed Revision to New Jersey DWI Law – Major Change to the Law

SENATE BILL NO. 2427 (Introduced 1/8/13)

Under the provisions of this bill, the court is required to order an intoxicated driver to install an ignition interlock device (IID) in a motor vehicle the offender owns, leases or principally operates for a period specified in the bill. An offender who does not own or lease a motor vehicle, or have access to a vehicle which he or she principally operates, would suffer the loss of his or her driver’s license. If the offender does not own or lease a motor vehicle or have access to a vehicle that he or she principally operates in which an IID could be installed, the offender’s driver’s license would be suspended for the periods prescribed in R.S.39:4-50.

  • For a first offender whose blood alcohol concentration (BAC) is greater than .08% but less than .10%, the IID would be installed for three to six months;
  • first offender’s BAC is greater than .10%, the device would be installed for seven months to one year.
  • A second offender would be required to install the IID for two to four years.
  • Third or subsequent offender, the IID would be installed for 10 to 20 years.

The bill also revises the required period of suspension for second and third offenders under current law, so that the suspension period will be the same as the period mandated for IID installation. At present, a second offender offender’s license is suspended for two years; the bill requires a second offender’s driver’s license to be suspended for two to four years. Current law requires a third or subsequent offender’s license to be suspended for 10 years; under the bill, a third or subsequent offender’s license would be suspended for 10 to 20 years.

The bill also permits a third or subsequent offender to serve the entire prison term that the court may impose, up to 180 days, in an inpatient rehabilitation program. Current law permits the court to reduce the prison term up to a maximum of 90 days for each day served in an impatient program.

Any violation of the interlock requirements by the offender would be a disorderly person’s offense, and those penalties would be in addition to the driver’s license suspension required under current law.

A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or principally operated by him shall be guilty of a disorderly person’s offense. The court also shall suspend the person’s driver’s license 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 be guilty of a disorderly person’s offense and 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.

 

Provided courtesy of New Jersey DUI Lawyer, Jeffrey Hark.

SENATE BILL NO. 2427 (Introduced 1/8/13)

Under the provisions of this bill, the court is required to order an intoxicated driver to install an ignition interlock device (IID) in a motor vehicle the offender owns, leases or principally operates for a period specified in the bill. An offender who does not own or lease a motor vehicle, or have access to a vehicle which he or she principally operates, would suffer the loss of his or her driver’s license. If the offender does not own or lease a motor vehicle or have access to a vehicle that he or she principally operates in which an IID could be installed, the offender’s driver’s license would be suspended for the periods prescribed in R.S.39:4-50.

· For a first offender whose blood alcohol concentration (BAC) is greater than .08% but less than .10%, the IID would be installed for three to six months;

· first offender’s BAC is greater than .10%, the device would be installed for seven months to one year.

· A second offender would be required to install the IID for two to four years.

· Third or subsequent offender, the IID would be installed for 10 to 20 years.

The bill also revises the required period of suspension for second and third offenders under current law, so that the suspension period will be the same as the period mandated for IID installation. At present, a second offender offender’s license is suspended for two years; the bill requires a second offender’s driver’s license to be suspended for two to four years. Current law requires a third or subsequent offender’s license to be suspended for 10 years; under the bill, a third or subsequent offender’s license would be suspended for 10 to 20 years.

The bill also permits a third or subsequent offender to serve the entire prison term that the court may impose, up to 180 days, in an inpatient rehabilitation program. Current law permits the court to reduce the prison term up to a maximum of 90 days for each day served in an impatient program.

Any violation of the interlock requirements by the offender would be a disorderly person’s offense, and those penalties would be in addition to the driver’s license suspension required under current law.

A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or principally operated by him shall be guilty of a disorderly person’s offense. The court also shall suspend the person’s driver’s license 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 be guilty of a disorderly person’s offense and 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.