DUI Statute Changes Will Allow You to Keep Driving in NJ
- February 13, 2013
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The success of ignition interlock devices required for NJ Driving Under the Influence convictions and breath test refusals has been so effective at preventing future intoxicated driving that new legislation has been proposed. S-2427, sponsored by Senator Nicholas Scutari of Union County, was advanced by the Senate Judiciary Committee. The measure would require a first time offender with a blood alcohol content (BAC) of .08-.10% to have an ignition interlock device installed for 3 to 6 months and a first time offender with a BAC over .10% to have the device installed for 7 to 12 months. The ignition interlock device would be required in any vehicle the individual owns, leases or is a primary driver of. Once the device is installed, the individual would be entitled to a provisional license to drive to work or certain other approved places. Failure to install the device would be a disorderly persons offense. Drivers who do not lease, own or regularly drive a vehicle will have their licenses suspended for the time periods set forth above. Individuals with drug related DUI would be subject to installation of the interlock device for the same periods as those driving while under the influence of alcohol. This represents a substantial shift in the way DWI cases are managed. Presently drivers are subject to suspension resulting in severe financial hardship, including job loss, as a result of inability to operate a motor vehicle. Presently, drivers with BAC of .15% or more are subject to installation of the interlock device for 6 months after the license suspension period ends. In line with the current suspension periods, under the proposed legislation, second-time offenders would be required to install the device for 2-4 years and third-time and subsequent offenders would be required to install the ignition interlock device for 10-20 years. If you are facing DUI charges, you should consult an experienced driving while intoxicated defense attorney immediately in order to preserve your ability to commute to work, transport your children, attend medical appointments and the like. For more information on motor vehicle, municipal court and other criminal law matters, in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.