Clients charged with 39:4-50 should obtain interlock on primary vehicle and obtain an interlock license

   Clients charged with 39:4-50 should obtain interlock on primary vehicle and obtain an interlock license

   How obtain an ignition interlock license (IIL) in New Jersey from MVC

You must install an approved 

Ignition Interlock Device (IID), obtain SR-22 insurance, and submit proof of installation to the Motor Vehicle Commission (MVC). The process involves paying a $100 fee, maintaining the device with monthly, 30-day calibrations, and adhering to all court requirements. 

Steps to Obtain an Interlock License

• Install an Approved Device: Contact a state-certified vendor to schedule the installation of a Breath Alcohol Ignition Interlock Device (BAIID).
• Obtain Insurance: Secure an SR-22 certificate (high-risk insurance).
• Provide Documentation: Submit the installation certificate, lease contract, and invoice to the MVC.
• Pay Fees: Pay the $100 fee to the MVC.
• Maintain Service: The device must be serviced every 30 days to avoid violations. 

Key Requirements

• Validity: The license is only valid for vehicles equipped with the IID.
• Eligibility: You must have had a valid NJ driver's license at the time of the arrest.
• Duration: Installation typically lasts 3 to 15 months, depending on the conviction. 

Source: https://www.intoxalock.com/state-requirements/new-jersey#:~:text=How%20Do%20I%20Get%20a,IID%20notation%20of%20their%20license.

In 2025, New Jersey amended the DWI (Driving While Intoxicated) penalties under N.J.S.A. 39:4-50

 In 2025,  New Jersey amended the DWI (Driving While Intoxicated) penalties under N.J.S.A. 39:4-50, with specific updates regarding ignition interlock devices (IID)and sentencing credits that went into effect in early 2024 and 2025. Penalties are primarily determined by the driver's Blood Alcohol Concentration (BAC) and their history of prior offenses. 

First-Offense DWI Penalties

Penalties for a first offense depend on the BAC level at the time of arrest: 

·       BAC 0.08% to 0.10%

o   License Suspension: Forfeiture until an IID is installed; the IID must then remain for 3 months.

o   Fines: $250–$400.

o   Other: 12–48 hours at an Intoxicated Driver Resource Center (IDRC) and a $1,000 annual insurance surcharge for 3 years.

·       BAC 0.10% to 0.15%

o   License Suspension: Forfeiture until an IID is installed; the IID must then remain for 7–12 months.

o   Fines: $300–$500.

o   Other: 12–48 hours at IDRC and a $1,000 annual insurance surcharge for 3 years.

·       BAC 0.15% or Higher

o   License Suspension: Mandatory 4–6 months.

o   IID Requirement: Must use an IID during the suspension and for 9–15 months after restoration.

o   Fines: $300–$500. 

 

   Repeat Offense Penalties

For offenses occurring within 10 years of a prior conviction:

·       Second Offense

o   License Suspension: 1–2 years.

o   Jail Time: Mandatory 48 hours to 90 days.

o   IID Requirement: During suspension and for 2–4 years after restoration.

o   Fines & Fees: $500–$1,000 fine and 30 days of community service.

·       Third or Subsequent Offense

o   License Suspension: 8 years (amended from 10 years in recent 2025 legislation).

o   Jail Time: Mandatory 180 days; up to 90 days may be served in an approved inpatient rehabilitation program.

o   Fines: $1,000.

o   IID Requirement: During suspension and for 2–4 years after restoration. 

2025 Key Updates & Credits 

·       "2-for-1" IID Credit: As of April 2025, certain drivers may earn one day off their license suspension for every two days they have a compliant IID installed before their court date.

·       Plea Bargaining: Historically prohibited, a 2024 law now allows prosecutors some discretion to offer plea deals in DWI cases under specific conditions, though judicial approval is required.

·       10-Year Step-Down: If 10 years have passed since your last DWI, the court may sentence a subsequent offense as if it were one tier lower (e.g., a second offense treated as a first). 

Additional Mandatory Surcharges (All Offenses) 

Beyond fines, every conviction includes:

·       Insurance Surcharge: $1,000 to $1,500 per year for 3 years.

·       Surcharges: $125 DWI surcharge, $100 Drunk Driving Enforcement Fund, and $75 Safe Neighborhood Services Fund. 

 

No right to jury trial or insanity defense in 3rd offense DWI State v Baverov

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No right to jury trial or insanity defense in 3rd offense DWI State v Baverov 482 N.J. Super. 344 (App. Div. 2025) The issues in this appeal are whether defendant's conviction for a fifth offense of driving while intoxicated (DWI) should be reversed on the ground that trial counsel rendered ineffective assistance by refusing to present a psychiatric defense and whether defendant was entitled to a jury trial given the 180-day sentence imposed. The court affirms the tenet that DWI is a strict-liability offense for which mental-state defenses are unavailable and that defendant is not entitled to a jury trial where the period of incarceration does not exceed six months. Here, defendant was convicted following a municipal court bench trial at which he admitted to consuming alcohol, exhibited indicia of intoxication, and failed field sobriety tests. Although defendant attributed his conduct to persecutory paranoia and amnesia unrelated to alcohol use, his trial counsel declined to pursue a psychiatric defense. The court holds that counsel's decision was reasonable and compelled by law, as mental-state defenses such as insanity are not viable in DWI prosecutions. In so holding, the court adopts as precedent the case of State v. Inglis, 304 N.J. Super. 207 (Law Div. 1997). Counsel's refusal to advance a legally untenable defense did not fall below professional standards. Nor did the sentence of 180 days in county jail entitle defendant to a jury trial. The court reaffirms that a single petty offense subject to no more than six months' incarceration does not meet the threshold for jury-trial protections, even when accompanied by significant collateral penalties such as years-long license suspension and installation of an ignition interlock device. The conviction and sentence are affirmed. Compliments of Kenneth Vercammen & Associates, PC Attorney at Law 2053 Woodbridge Ave., Edison, NJ 732-572-0500