The bill signed by Governor Murphy on 8/23/2019 brings major changes to the DWI statute in New Jersey.  It is a mixed bag as the driver's license suspension periods for  first time DWI convictions have been significantly decreased,, while the mandatory installation of Interlock devices have been greatly increased.   

The driver's license suspension periods for a first DWI conviction have been changed to 30 days for an Alcotest reading from .08 BAC (Blood Alcohol content) to less than .10 BAC, and a 45 day suspension for an Alcotest reading from .10 BAC but less than .15 BAC, and a 90 day suspension for an Alcotest reading of .15 BAC or above.  Under the former law the suspension for a first offense for an Alcotest reading from .08 BAC but less than .10 was 90 days, and the suspension for an Alcotest reading of .10 BAC or greater was 7 to 12 months.  So the new law will significantly reduces the drivers license suspensions for all first time offenses.  The reason behind this change in the law appears to be to lessen the negative consequences resulting from convicted offenders not being able to drive to work to earn a living for extended periods of time..

On the other hand the new law will significantly increase the use of mandatory installation of Interlock devices.  An Interlock device installed in the vehicle operated by the convicted offender measures the alcohol on the breath of the operator and prevents the start of the vehicle if a level of alcohol is detected above the minimum state requirements.  The Interlock is basically an Alcotest device attached to the ignition of the vehicle.  Under the new law the Interlock device must be installed by the convicted offender for the entire period of license suspension, plus the following additional time periods after the suspension ends:  3-6 months if the Alcotest reading was from .08 BAC but less than.10 BAC, and for 6-12 months at the discretion of the court  if the Alcotest reading was from .10 BAC but less than .15 BAC, and from 12-18 months at the discretion of the court if the Alcotest reading was .15 BAC or higher.  This is a significant change from the prior law which only required the installation of the Interlock device for a first offender with a BAC reading of .15 or greater and for a period of time of only 6 to 12 months.   

The new law appears to be a trade off in allowing convicted first time DWI offenders to drive sooner under the prior law so they can get back to work and earn a living but requires them to now install an Interlock device at all BAC levels and for greater periods of time to ensure that they are not intoxicated before being able to operate a vehicle. It remains to be seen whether the new law will be successful or not in the ultimate goal of decreasing the number of persons driving while intoxicated in New Jersey.

If you or family member or friend is facing a charge of DWI please consider a free consultation with me.  I am one of only 27 attorneys in New Jersey that has been Certified by the Supreme Court of New Jersey as Certified Municipal Court Trial attorney and specialize in defending DWI cases.  I am also a former Deputy Attorney General and State Prosecutor with the NJ Division of Criminal Justice and former Municipal Prosecutor for many years  in Franklin Twp, Warren Twp. and Raritan Borough.