As previously reported on the Edward M Janzekovich law blog, a new drunk driving law was passed by the legislature and signed by Governor Murphy earlier this year. On December 1, 2019, the law officially went into effect.
In passing this law, New Jersey became the 34th state to pass an all-offender law – meaning it would apply to all drunk driving offenders – and joined Kentucky in passing an all-offender vehicle breathalyzer legislation. This brings significant changes in consequences for those convicted of DUI in New Jersey. The new law brings about several changes to the penalties associated with being convicted of driving under the influence.
Please note that this law will not be applied retroactively. This means that if you were arrested in November 2019 or earlier, and were charged with DUI/DWI, then the old sentencing laws and penalties will apply.
A Summary of the New Law
There has been a lot of confusion of what the new law actually says, because the legislature released several different versions of the bill as it was passed by the Senate and the Assembly.
In short, the new law essentially eliminates license suspensions for most first offenders, while requiring all motorists convicted of DWI to install ignition interlock devices (IIDs) in their vehicles.
Specifically, the statute drastically changes the penalties for first time offenders convicted with a blood alcohol content (BAC) reading below .10%. Once convicted, these drivers will be required to keep an IID on their cars for 3 months. After that, he or she will need to blow into it every time they want to start the engine. If the driver has a BAC of 0.05% or above, the car won’t start.
First offenders with a BAC from .10% to under .15%, the IID maintenance period is seven months to one year (7-to-12 months).
Finally, first offenders with a BAC over 0.15% can still receive a license suspension of 4-6 months and must install an interlock for an additional 9-to-15 months under the new law.
A second offense exposes the driver to a license suspension of up to two years and requires interlocks for 2-4 years.
For all convicted drivers, his or her license is suspended until he or she can prove an IID has been installed.
The Actual Text of the New Law
The two sections of the law that have received the most important changes are N.J.S.A. 39:4-50 (“Driving While Intoxicated”) and N.J.S.A. 39:4-50.17 (“Ignition Interlock Device as an Additional Penalty”). For your benefit, the relevant sections of the law, effective December 1, 2019, are as follows:
N.J.S.A. 39:4-50
Driving while intoxicated
(a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle the person owns or which is in the person’s custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:
- For the first offense:
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 . In addition, the court shall order the person 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 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.);
if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of a 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 ;
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 a 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 forfeit 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;
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.);
(Deleted by amendment, P.L.2019, c. 248)
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 terms 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, or more than 90 days, and shall 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 upon conviction.
After the expiration of the license forfeiture period, 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.).
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 the right to operate a motor vehicle over the highways of this State for 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.).
N.J.S.A. 39:4-50.17
Ignition interlock device as an additional penalty
Except as provided in paragraph (2) of this subsection,
in sentencing a first offender under subparagraph (i) of paragraph (1) of subsection (a) of R.S.39:4-50, whose blood alcohol concentration was at least 0.08% but less than 0.10%, or who was otherwise under the influence of intoxicating liquor, the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the offender , whichever the offender most often operates, which shall remain installed for three months.
In sentencing a first offender under subparagraph (ii) of paragraph (1) of subsection (a) of R.S.39:4-50 whose blood alcohol concentration was 0.10% or higher, but less than 0.15%, the court shall order, in addition to any other penalty imposed, the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, which shall remain installed for not less than seven months or more than one year.
If the first offender’s blood alcohol concentration is 0.15% or higher, or the offender violated section 2 of P.L.1981, c. 512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed under R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a), the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, during and following the expiration of the period of license forfeiture imposed under those sections. In addition to installation during the period of license suspension, the device shall remain installed for not less than nine months or more than 15 months, commencing immediately upon installation of the device and the return of the offender’s driver’s license pursuant to section 3 of P.L.1999, c. 417 (C.39:4-50.18) after the required period of forfeiture has been served.
In sentencing a second or subsequent offender under R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in the motor vehicle principally operated by the offender during and following the expiration of the period of license forfeiture imposed under R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a). In addition to installation during the period of license forfeiture, the device shall remain installed for not less than two years or more than four years, commencing immediately upon installation of the device and the return of the offender’s driver’s license pursuant to section 3 of P.L.1999, c. 417 (C.39:4-50.18) after the required period of forfeiture has been served.
The court shall require that, for the duration of its order, an offender shall not drive any vehicle other than one in which an ignition interlock device has been installed pursuant to the order.
The offender shall provide to the court information identifying the motor vehicle on which the ignition interlock is to be installed, and any other information deemed relevant by the court, including, but not limited to, the offender’s complete name, address, date of birth, eye color, and gender. An offender who does not own, lease, or operate a motor vehicle shall attest to this to the court. A violation of this provision shall constitute perjury pursuant to N.J.S.2C:28-1. An offender immediately shall notify the court of the purchase, lease, or access to operation of a motor vehicle and install an ignition interlock device in the vehicle.
The driver’s license of an offender who attests to not owning, leasing, or operating a motor vehicle shall be forfeited for the ignition interlock installation period required pursuant to subsections a. and b. of this section.
Please note that many websites continue to display the old or incorrect text for the law with regard to these sections.
No Matter How the Law Changes, NJ DUI Attorney Edward M. Janzekovich Is Ready to Fight for You
If you or someone you know has been arrested, charged, or convicted of DUI or DWI, or if you have any questions about changes to the law, you can call our offices today to speak with an experienced attorney. A good lawyer can make all the difference in your situation. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.