What Should You Know About New Jersey's New DUI Law?

With alcohol a factor in one in three traffic deaths across the U.S. each year, states are continuing to crack down on penalties for driving while intoxicated (DUI). New Jersey is one of these states, and a recent legislative amendment means that everyone convicted of DUI — even first-time offenders — will be required to install ignition interlock devices in their vehicles. Learn more about this and other recent changes to New Jersey's DUI laws. 

Who Must Install Ignition Interlock Devices?

Under New Jersey's prior law, only repeat DUI offenders were regularly required to install an ignition interlock device on their vehicle. These devices are designed to test a driver's blood alcohol content (BAC) level before the vehicle can be started, as well as at random points during the drive. If the interlock device registers more than 0.05 percent alcohol in the driver's system, the vehicle's engine will refuse to start. And if the driver becomes intoxicated during the drive (or uses someone else to start the vehicle), the vehicle will shut off, forcing the driver to move it to the side of the road. 

But under the new law, all individuals convicted of DUI, even first-time offenders, will be required to install an ignition interlock device in any vehicle they regularly drive. In most cases, the driver is responsible for the installation and maintenance cost of this device for as long as it is required to be in the vehicle, usually three to six months. But in certain situations, the driver may be able to apply for a fee waiver that will allow them to successfully complete probation without paying these fees. 

What Else Did This Law Change? 

In addition to this change, the new ignition interlock law will make driver's license suspensions a thing of the past for many misdemeanor offenders. Those who are arrested and convicted of DUI with a BAC level of between 0.08 and 0.10 percent will no longer automatically lose their driver's license, as the ignition interlock requirement will go a long way toward cutting the risk of a subsequent DUI while charges are pending.

This change allows these drivers to continue to go to work, take children to school, and run errands without having to apply for a provisional driver's license. Often, those who lose their license after a DUI may take the risk of driving without a license over the risk of losing their job due to lack of transportation.

No matter your state’s laws, if you have been convicted of driving under the influence, a DUI or DWI defense attorney is your best bet for help.