On January 14th, 2010, the New Jersey Driving While Intoxicated statute was amended yet again in effort to make offenders' lives more difficult. It changed the requirements for the use of ignition interlock devices by offenders who have been convicted of drunk driving and refusal to submit to a breath test.
An ignition interlock device is an instrument that is installed on a vehicle by an individual other than you (i.e., somebody who is licensed by the State of New Jersey to do so). A person who wishes to start the vehicle equipped with the device must blow a breath sample into it and if the device detects a BAC level of .05% or higher it will not permit the vehicle to start for 1 hour. (If you saw the movie "40 Year Old Virgin", when Steve Carell's character gets into the drunk woman's vehicle, she has Steve blow into the interlock device so the vehicle starts and she can drive hammered. I don't advise doing that at all). The device also requires periodic samples while the vehicle is being driven, and if it detects a BAC of 0.05% BAC or higher it will emit a loud noise and sound the vehicle's horn non-stop. Once the vehicle is turned off it will not restart for an hour. That data on the device must be downloaded every 60 days by the technician for filing with the MVC (Motor Vehicle Commission). Finally, it's not free. It requires maintenance fees paid to the MVC.
If you are convicted of a first offense DWI and your Blood Alcohol Level is 0.15% or higher, you must have an ignition interlock device installed on the vehicle you principally operate or refrain from operating a vehicle that is not so equipped. This obligation starts from the date of your conviction and can go on from anywhere from six months to a year afterword. If you are below a 0.15% BAC on your first offense, the municipal court judge can still order an interlock device once your suspension period is over, so don't think you are skating.
For a first offense, as mentioned, the term of the interlock ranges from 6 months to a year.
For subsequent offenders, the term ranges from 1 to 3 years.
All refusal convictions require an installation of interlock device.
Consequently, if you are a first offender you should not refuse to give a breath sample under any circumstances whatsoever. First, you will be CHARGED with refusal, which caries a seperate penalties in addition to driving while intoxicated, (these penalties now include the automatic interlock device requirement). If it is your first offense DO NOT REFUSE TO SUBMIT BREATH SAMPLES!!!! No matter what, if you refuse, expect to be charged with refusal.
The bottom line is that you need an attorney for any driving while intoxicated offense. You may have a defense, the police have not have had a legitimate reason to pull you over, etc. etc. With the new penalties these amendments call for, you also need a lawyer to tell the judge why you should not have an interlock installed on your vehicle for longer than the 6 month minimum if you are over a 0.15% BAC.
Email me at bdk@nuzzimason.com if you have any questions about this post, your pending DWI or any motor vehicle offense and/or criminal defense in general. I can help you out, trust me.
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