Reduced DL suspension for DWI with Legislation Expanding Use of Ignition Interlock Devices
8/23/2019 Approved P.L.2019, c.248.
Governor Phil Murphy on 08/23/2019 enacted a new law 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.
“Expanding the use of ignition interlock devices is just common sense,” said Governor Phil Murphy. “We must deter drunk driving without negatively impacting individuals’ ability to take care of themselves or their families. License suspensions are an imperfect tool for accomplishing both aims, as they do not stop drunk drivers from getting behind the wheel and they can prevent ex-offenders from supporting their livelihoods. In contrast, ignition interlock devices prevent drunk driving while allowing ex-offenders to support themselves and their families.”
“Ignition interlock systems have saved hundreds of lives and significantly decreased crashes due to impaired driving,” said New Jersey Motor Vehicle Commission Chair and Chief Administrator Sue Fulton. “Safety is at the center of everything we do here at NJMVC, so we support installing these systems as a strong, effective alternative to driver suspensions.”
This measure 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.
First-time offenders with BAC of..
0.08 to 0.10 - must install ignition interlock at own cost, use for six months. License suspension of 30 days.
0.10 to 0.15 - must install ignition interlock at own cost, use for six months to a year. License suspension of 45 days.
higher than 0.15 - must install ignition interlock at own cost, use for one year to 18 months. License suspension of 90 days.
“Expanding the use of ignition interlock devices is just common sense,” said Governor Phil Murphy. “We must deter drunk driving without negatively impacting individuals’ ability to take care of themselves or their families. License suspensions are an imperfect tool for accomplishing both aims, as they do not stop drunk drivers from getting behind the wheel and they can prevent ex-offenders from supporting their livelihoods. In contrast, ignition interlock devices prevent drunk driving while allowing ex-offenders to support themselves and their families.”
“Ignition interlock systems have saved hundreds of lives and significantly decreased crashes due to impaired driving,” said New Jersey Motor Vehicle Commission Chair and Chief Administrator Sue Fulton. “Safety is at the center of everything we do here at NJMVC, so we support installing these systems as a strong, effective alternative to driver suspensions.”
This measure 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.
First-time offenders with BAC of..
0.08 to 0.10 - must install ignition interlock at own cost, use for six months. License suspension of 30 days.
0.10 to 0.15 - must install ignition interlock at own cost, use for six months to a year. License suspension of 45 days.
higher than 0.15 - must install ignition interlock at own cost, use for one year to 18 months. License suspension of 90 days.
The Floor Statement read:
This Senate committee substitute for Senate Bill No. 824 (SCS) reduces the length of driver’s license forfeiture for convictions of drunk driving and refusing to submit to a breathalyzer and increases the period of required ignition interlock device (IID) installation for these offenses. The committee substitute also requires the license of a drunk driver who attests to not owning, leasing, or operating a motor vehicle to be forfeited during the required period of IID installation. The committee substitute further imposes certain IID compliance requirements to be met before an IID may be removed after the required period of installation. Finally, the committee substitute removes enhanced penalties for drunk driving and refusal convictions occurring in a school zone.
Source https://www.njleg.state.nj.us/2018/Bills/S1000/824_S2.HTM
Drunk Driving
For a first offense of drunk driving, the offender’s driver’s license is to be forfeited until an IID is installed in one motor vehicle owned, leased, or principally operated by the offender, whichever the person most often operates.
If the offender’s blood alcohol concentration (BAC) was 0.08% or higher, but less than 0.10%, or the offender was convicted of operating a motor vehicle while under the influence of intoxicating liquor without a BAC reading, the current three-month license forfeiture is replaced with mandatory IID installation for three months;
if the offender’s BAC was 0.10% or higher, but less than 0.15%, the current license forfeiture of seven months to one year is replaced with the requirement that an IID is to be installed for seven months to one year;
if the offender’s BAC was 0.15% or more, the current license forfeiture of seven months to one year is replaced by four to six months license forfeiture and an IID is to be installed during the period of license forfeiture, as well as for not less than nine months or more than 15 months after the period of license forfeiture.
For second drunk driving offenses, the current driver’s license forfeiture is two years and for third and subsequent offenses, the forfeiture is for 10 years; the IID requirement is for one to three years.
Under the substitute, license forfeiture is reduced to one to two years for second time offenders and to eight years for third and subsequent offenders; the requirement that IID be installed in one motor vehicle owned, leased, or principally operated by the offender, whichever the person most often operates, is increased to two to four years.
The license forfeiture period for first-time offenders of driving under the influence of drugs is not changed by the substitute. Further, installation of an IID is not required for first offenses of drugged driving.
The provision establishing enhanced penalties for a conviction of driving while intoxicated in a school zone is removed.
Refusing a Breath Test
For a first offense, the committee substitute requires the offender’s license to be forfeited until the person installs an IID in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, rather than requiring the current seven months to one year. The IID is to remain installed during the license forfeiture and for the following nine to 15 months.
For a second offense, the bill decreases the period of license forfeiture from the current two years to one to two years. The offender’s license is to be forfeited until an IID is installed and is to remain installed for two to four years.
For a third or subsequent offense, the committee substitute decreases the license forfeiture from the current 10 years to eight years. An IID would be required during the license forfeiture and remain installed for two to four years.
The provision establishing enhanced penalties for a conviction of refusing to submit to a breathalyzer occurring in a school zone is removed.
Ignition Interlock Device Installation
The committee substitute requires drunk driving offenders to provide the court with information identifying the motor vehicle on which an ignition interlock is to be installed, as well as any other information deemed relevant by the court, such as 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 is required to attest to this to the court. An offender who falsely attests to the court may be prosecuted for perjury. If an offender subsequently purchases, leases, or gains access to a motor vehicle to operate, the offender is required to immediately notify the court and install an ignition interlock device in that vehicle.
The driver’s license of an offender who attests to not owning, leasing, or operating a motor vehicle is to be forfeited for the required ignition interlock installation period.
In order to remove an IID after the required installation period, the IID vendor is to submit a certification to the Chief Administrator of the New Jersey Motor Vehicle Commission that 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 percent or higher unless a re-test conducted within five minutes of the initial test indicates a blood alcohol concentration of less than 0.08 percent; and the offender complied with all required maintenance, repair, calibration, monitoring, and inspection requirements related to the device. If these requirements are not satisfied, the vendor is required to forward the violation information to the chief administrator and the court. The court has the discretion to either extend the period of IID installation for up to 90 days or issue the certification to the chief administrator.
