DWI Sentence and Interlock Law
Today, August 23, 2019, Governor Phil Murphy signed a DWI bill that revises penalties for drunk driving and ignition interlock device violations. This bill reduces the length of driver’s license suspensions for drunk driving and refusing to submit to a breathalyzer test, but increases ignition interlock devices for these offenses. The “IID” is a device that detects alcohol from breath samples it takes from the driver. If alcohol is detected, the vehicle’s engine will not start. Please look at the comparisons outlined below in order to understand the shorter suspension lengths and longer Ignition Interlock Device installation requirements.
New Law
- First-time offenders:
- If BAC is between .08-.10, the court will order the driver to forfeit their license for a period of three months or until the driver installs an ignition interlock device
- If BAC is higher than .10, but less than .15, the driver’s must forfeit their license until they install an ignition interlock device
- If BAC is higher than .15, the driver must forfeit their license for four to six months and have an IID installed during and after the suspension for nine to 15 months.
- If one refuses to submit to a breathalyzer, the driver’s license is suspended for a period between seven months to a year or until the driver installs an ignition interlock device
- Ignition Interlock Device (IID)
- Mandatory for first-time offenders during suspension and following
- BAC between .08-.10 – required installation for three months
- BAC between .10-.15 – required installation for seven months to one year
- BAC over .15 – required installation of one year to eighteen months
- If required, it is installed for six months to a year
- Multiple convictions
- Required installation on each motor vehicle the offender owns or operates
- Failure to Install IID
- Driver’s license suspension for eighteen months
- Mandatory for first-time offenders during suspension and following
Former Law
- First-time offenders:
- If BAC is between .08-.10, the driver’s license is suspended for three months
- If BAC is higher than .10, the driver’s license is suspended for 7 months to a year
- If one refuses to submit to a breathalyzer, the driver’s license is suspended for 7 months to a year
- Ignition Interlock Device (IID)
- Discretionary for a first-time offense with BAC below .15
- If required, it is installed for six months to a year
- Required for a first-time offense with BAC above .15
- Installed for the duration of suspension + six months to a year
- Required for refusing to submit to a breathalyzer
- Installed for the duration of suspension + six months to a year
- Failure to Install IID
- Driver’s license suspension for one year
- Discretionary for a first-time offense with BAC below .15
The bill will take effect on January 1, 2020. If you are facing DWI in New Jersey, the attorneys at the Law Office of Sara McArdle are here to represent you. Our experienced attorneys will confidently walk you through every step of the process. Our office is located in Parsippany, NJ though we serve clients throughout the state. Call our office at 973-366-5244 to schedule a free consultation today.
