S385/A1368 And DUI In NJ

Driving under the influence of alcohol or drugs (N.J.S.A. 39:4-50) can have devastating consequences to both victims and drivers alike. New Jersey legislation, S385/A1368, has been proposed as a means of preventing would-be repeat offenders from getting behind the wheel while allowing individuals who made an innocent but costly mistake a chance to continue to drive by installing an Ignition Interlock Device on their primary vehicle or vehicles. The proposed legislation includes only 10 day license suspensions upon conviction for the purpose of installing the device on the vehicle. Once installed, the driver must blow into the device, which detects alcohol on the breath, in order to start the vehicle. If the ignition interlock device detects that the driver's blood alcohol content (BAC) is elevated over .05%, the ignition will be disabled. Additionally, once the vehicle is in operation, the ignition interlock device requires the driver to blow into the mouthpiece at certain intervals to better insure the individual driving the vehicle remains sober and the individual who initially blew into the device is in fact the driver. NJ S385/A1368 would permit first-offenders with a BAC of between .08 and .10% to avoid long-term license suspension by installing in ignition interlock device for 3 to 6 months, unless aggravating circumstances exist which indicate a long-term license suspension is appropriate. First-time offenders with a BAC of .10% or greater would be required to install the device for 7 to 12 months. Additionally, there are additional penalties for those who circumvent the ignition interlock device or drive a vehicle without an interlock device during their required installation period. Those who in any way facilitate another in circumventing an ignition interlock device, by blowing into the device, disabling it or providing another vehicle to the suspended driver also face criminal charges which can result in up to 6 months in jail. Second-offenders would be required to install the device for a period of 2 to 4 years. Persistent offenders would continue to face long-term suspension and jail terms. The ignition interlock device bears an installation cost as well as a monthly service fee and drivers still face increased insurance costs and other motor vehicle fees in the event of a DUI conviction. If you are facing DUI charges, the consequences can include large fines, loss of a job due to inability to commute or loss of certain professional licenses as a result of the DUI, jail and the social stigma associated with DUI. If you have been charged with driving under the influence of drugs or alcohol, you need experienced defense counsel in your corner. For more information about DUI, DUID, controlled dangerous substances (CDS) in a motor vehicle, reckless driving or other motor vehicle charges visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.