Changes in Drunk Driving Penalties? What You Need to Know.
First, the changes in drunk driving penalties has not happened yet. However, the Legislature is evaluating them. Will they hurt or help your case if you are facing a drunk driving conviction? Obviously, it’s something you need to know if you have been arrested and accused of intoxication behind the wheel.
You may not realize it, but New Jersey attempted to change drunk driving penalties a little less than a year ago. According to news reports, the changes would have applied to first time DWI offenders. The bill called for all first time offenders to install ignition interlock devices. In case you are not familiar with this equipment, you may enjoy reading this article.
The current requirement for the installation of ignition interlock devices only applies to repeat offenders and those whose blood alcohol content is in excess of .015%. In exchange for installing the devices, the law on mandatory license suspension was subject to change. Governor Christie vetoed this particular bill last year. That has not stopped the legislature from considering changes to the law once again.
New Prospective Changes to Drunk Driving Penalties
The new bill (A4016) is sponsored by members of both parties. It is currently out of the State Assembly Committee, with Amendments. The bill would impact not only first time DWI offenders, but also those who refused to submit to breathalyzers. The chart below sums up the proposed changes:
There are some things to keep in mind. First, the changes will only apply to first time offenders. Those who have prior drunk driving convictions would not be eligible for the proposed penalties. Although the new law would mean mandatory installation of ignition interlock devices, there are different time requirements. Anyone with a first time DWI conviction would be required to install the device during the period of their license suspension.
Someone whose blood alcohol is just over the legal limit, would be court ordered to have the ignition interlock device in place from three to six months. Time requirements are more extensive for higher BAC readings and failure to submit to breathalyzer tests. Drivers would also need to submit certifications to the state before they would be permitted to remove the devices from their vehicles.
Why Change DWI Penalties?
First time offenders faced with DWI convictions may find the proposed penalties to be useful. License suspension is an inconvenience and can affect earning capacity. There is substantial evidence that the installation of ignition interlock devices diminishes drunk driving occurrences.
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Were you arrested for drunk driving? At the Law Offices of Beninato & Matrafaljo, we strongly suggest you seek experienced legal representation. Contact us to see how our attorneys can assist you.