In 2019, the New Jersey Legislature made some changes to the DWI statute. These include modifying the period of driver’s license suspension and making the installation of IID mandatory. The new law went into effect at the beginning of December 2019.
Prior DWI Law
Prior to the new law taking into effect, there were four identified levels of DWI in New Jersey based primarily on the number of prior offenses in the ten years preceding the current charge:
- First DWI offense, with blood alcohol content (BAC) of at least 0.08 but less than 0.10 percent;
- First DWI offense, with BAC of 0.10 percent or higher;
- Second DWI offense, regardless of BAC; and
- Third or subsequent DWI offense.
Suspension of driver’s license ranged from 90 days to ten years. Judges had discretion to order the installation of an IID for most first offenses, but it was mandatory for subsequent convictions.
Impact of the New DWI Law
The new law enacted by the New Jersey Legislature mandates the following changes regarding driver’s license suspension, amongst others:
- Adds a fifth offense level, between the second and third offenses listed above, for first offenses in which BAC was 0.15 percent or higher.
- Driver’s licenses can be suspended for as much or as little time it takes to get an IID installed in the driver’s vehicle.
- Suspension for a second conviction was reduced from 2 years to a range of one to 2 years.
- Third offense suspension was reduced from 10 years to 8 years.
- It is in the state’s discretion whether to reinstate a driver’s license at the end of a suspension period.
The changes to IID installation include:
- BAC below 0.10 percent: License suspension until an IID is installed, and they must use the IID for three months.
- BAC of at least 0.10 percent but less than 0.15 percent: The same provision applies, which could be less than the seven- to ten-month suspension required under previous law. The IID must remain for seven months to one year.
- BAC of 0.15 percent or higher: License suspension will continue for 4 to 6 months, even after the installation of an IID. Mandatory use of IID for 9 to 15 months after the suspension ends.
Call a DWI Attorney in New Jersey
If you or someone you know has been issued a DWI citation or arrested for drunk driving in New Jersey, an experienced attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100 to schedule a free, complimentary consultation with our legal team today.
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