On December 21, 2023, Governor Murphy signed bill S-3011/A-4800 into law, making significant changes to New Jersey’s DUI statute. Under S-3011/A-4800, the penalty provisions adopted in 2019 (which were set to expire) have been renewed, and drivers facing DUI charges now have the option to immediately install an ignition interlock device and protect their right to drive. These changes take effect in early 2024, and if you are facing a drunk driving charge, you will want to speak with a New Jersey DUI defense lawyer to learn what they mean for your case.
The New Voluntary Ignition Interlock Device Installation Law for New Jersey DUIs
One of the most significant changes to New Jersey’s DUI law is the addition of provisions regarding the voluntary installation of an ignition interlock device following a DUI arrest. Eligible individuals who comply with the amended law can keep their driver’s licenses while their DUI cases are pending, and if they are subject to a mandatory driver’s license suspension, they can receive credits for any days that they have an ignition interlock device installed. As amended by S-3011/A-4800, New Jersey’s DUI law states:
“A person who has been arrested for a violation of this section whose blood alcohol concentration was at least 0.08% but less than 0.10% or who was otherwise under the influence of intoxicating liquor may, upon arrest and prior to any conviction, voluntarily install an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, and request from the New Jersey Motor Vehicle Commission a driver’s license with a notation stating that the person shall not operate a motor vehicle unless it is equipped with an ignition interlock device . . . . A person who installs an ignition interlock device and obtains a driver’s license with the appropriate notation pursuant to this subparagraph shall not be subject to a fine pursuant to this subparagraph if the person possessed a valid New Jersey driver’s license in good standing at the time of the offense and maintained a license in good standing until the date of conviction.”
While this amendment is specific to cases involving a blood alcohol concentration (BAC) below 0.10 percent, a second amendment containing identical language applies to offenses involving a BAC of 0.10 percent or above. In cases involving a BAC of 0.15 percent or above that trigger a mandatory driver’s license suspension, New Jersey’s revised DUI statute also provides:
“A person who installs an ignition interlock device and obtains a driver’s license with the appropriate notation pursuant to this subparagraph shall receive a one-day credit against the period that the person is required to forfeit the right to operate a motor vehicle over the highways of this State pursuant to this subparagraph for [each day] every two days that the person has an ignition interlock device installed and a driver’s license with the appropriate notation . . . .”
A similar credit is available to individuals who voluntarily install an ignition interlock device while they are awaiting trial on a DUI charge as a repeat offender. In both types of cases, credits are not available if the defendant’s arrest followed an accident involving serious bodily injury. A “serious bodily injury” is defined as any injury that “creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” Credits are not available in cases involving drug DUIs and commercial DUIs.
Understanding the Risks of Facing a DUI in New Jersey
With the 2019 penalty provisions remaining in effect, individuals who are facing DUI charges in New Jersey are still at risk of facing significant consequences in the event of a conviction. For a standard first-time offense involving a BAC between 0.08 percent and 0.10 percent, the potential penalties include:
- Hundreds of dollars in fines, fees and surcharges
- Driver’s license suspension
- Up to 30 days in jail
- Mandatory ignition interlock device installation
- Mandatory enrollment at an Intoxicated Driver’s Resource Center
Having a BAC of 0.10 percent or above, having a prior DUI, causing an accident and various other factors can increase the risks of a drunk driving arrest significantly. To give yourself the best chance of avoiding these penalties, you should speak with a New Jersey DUI defense lawyer as soon after your arrest as possible.
New Jersey Also Now Allows Plea Bargaining in DUI Cases
In addition to renewing the 2019 penalty provisions and allowing for voluntary ignition interlock device installation, New Jersey’s amended DUI statute also allows plea bargaining in DUI cases starting in early 2024. If a conviction in your case seems likely, working with your New Jersey DUI defense lawyer to negotiate a plea bargain could be your best option. Negotiating a plea could significantly reduce not only the penalties imposed as a result of your arrest, but the collateral consequences of your arrest (i.e., difficulty finding a job) as well.
Protecting Yourself After a New Jersey DUI Arrest
With these changes to New Jersey’s DUI law in mind, what should you do to protect yourself following a drunk driving arrest? One of the most important steps you can take is to speak with an experienced New Jersey DUI defense lawyer as soon as possible. As amended, New Jersey’s DUI law is extremely complicated, and it will be important to ensure that the law is applied fairly in your case. An experienced defense lawyer will be able to help you make informed decisions about things like whether to voluntarily install an ignition interlock device, which defenses to assert, and whether you should seek a plea bargain instead of taking your case to trial.
Discuss Your Case with an Experienced New Jersey DUI Defense Lawyer
Are you facing a DUI in New Jersey? If so, we encourage you to contact us promptly for more information. To discuss your case with an experienced New Jersey DUI defense lawyer in confidence, call 877-435-6371 or tell us how we can reach you online now.
