New Law in New Jersey May Prevent Drivers Arrested for DWI From Having Their License Suspended
A new law in New Jersey has some major implications for drivers that have been charged with DWI. New Jersey’s New Ignition Interlock Law (L. 2023, c. 191) regards the use of ignition interlock devices (IID). An IID is a device that requires a driver to pass a breath alcohol content test by blowing into the device. Passing the test will allow the user to start their vehicle. L. 2023, c. 191 extends the expiration of the interlock law (L. 2019, c. 248) until January 1, 2029. The law has several key provisions.
- Any person arrested for certain DWI offenses may voluntarily install an interlock device on a motor vehicle they own, lease, or principally operate. The voluntary installation of this device after arrest and before conviction may reduce or eliminate the time that a person has their driver’s license suspended. The law considers whether or not the violation resulted in a serious injury to another person.
- N.J.S.A. 39:4-50.21 requires that the New Jersey Motor Vehicle Commission (NJMVC) designate facilities where the ignition devices can be installed. The list is posted on the NJMVC website.
- Once the interlock device has been installed, the person must present the necessary documents to the NJMVC. They must request a driver’s license with a notation stating that they are not allowed to operate a motor vehicle unless it is equipped with an interlock device.
- An order from the Municipal Court is not required for this process. However, there are implications for not installing the device. According to the law, “Defendants who do not voluntarily install an interlock prior to sentencing must have their license suspended indefinitely by the court upon conviction, until they install an interlock device.”
- Effective February 19, 2024, the law also modified certain penalties relating to refusing to submit to a breathalyzer test. It also increases the time that an interlock device may be required for DWI offenses.
This law has numerous practical effects for those convicted of DWI within the state of New Jersey. For example, it may be possible for someone arrested for a DWI to effectively never have their license taken away—provided that a driver voluntarily installs the ignition interlock device for a sufficient period of time. As stated above, there are exceptions. Those arrested for DWI that resulted in serious bodily injury to another person will not be able to earn credit to have their license maintained.
Getting Legal Help for DWI Arrests in New Jersey
Getting arrested for DWI can be one of the most disruptive and frightening experiences of a person’s life. People convicted of DWI routinely face numerous financial, professional, and personal challenges, in addition to their legal battle. It is important for anyone charged with DWI to speak with an experienced DWI attorney. An attorney can help protect your rights and mitigate harm caused by the arrest.
If you have been arrested for DWI in the state of New Jersey, there are several laws designed to protect your rights. The DWI attorneys at Beninato & Matrafajlo are here to help you. We will do everything in our power to find procedural errors that may help your case. Our legal team is committed to making sure that you are treated fairly at every step of the legal process. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular situation, we are here for you. You can contact us anytime at 908-378-8467.
