New NJ DUI/DWI Laws 2019
Any driver charged with DWI past December 1, 2019, is now subject to the new laws recently passed by the New Jersey State Legislature. These new laws are designed to make it easier for an individual charged with their first DUI to drive in New Jersey. Importantly, before these new laws took effect, an individual convicted of Driving While Intoxicated was subject to a guaranteed loss of license if convicted. However, under certain circumstances, this loss of license can now be avoided.
NJ DWI/DUI Penalties: First, Second, & Third Offense
If convicted of a first offense Driving While Intoxicated with a Blood Alcohol Content (“BAC”) of less than .15%, an individual will only lose their license until they successfully install the court ordered ignition interlock device (IID) on their primary motor vehicle. This also applies if there is no Alcotest reading and the individual is only convicted based off an officer’s observations. However, if charged with a DUI and a BAC of .15% or higher, the Court still must impose a license forfeiture of up to six (6) months.
Furthermore, if convicted of DUI while having a BAC of .10% but less than .15%, the Court must order a mandatory seven (7) month ignition interlock device. If convicted of a DUI with less than a .10% BAC or a conviction based on an officer’s observations, this ignition interlock device is only required to be installed for a period of three (3) months.
For a second offense DUI, the minimum loss of license is now one (1) year, with a required two (2) to four (4) year interlock device. A third DUI now has a mandatory eight (8) year loss of license with another two (2) to four (4) year ignition interlock device requirement. A third DUI also carries with it a mandatory six (6) months of County Jail.
Refusal to Submit to a Breath Test
For a first offense Refusal to Submit to a Breath test, the law has been amended to no longer require a license forfeiture, and instead carries with it a mandatory nine (9) to fifteen (15) month ignition interlock device requirement. For a second or third offense, the Refusal penalties are the same as the DUI penalties, with the exception that a third refusal will not result in a County Jail sentence.
Increase Your Chances of Beating a DUI in NJ
The laws relating to a DUI charge in New Jersey are complex. Without an experienced attorney, it will be difficult to determine how to challenge a DUI charge. The attorneys at Daniel M. Rosenberg & Associates are experienced DUI defense litigators and can help. Call (609) 216-7400 for a free consultation.