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The New Jersey Police Chief Magazine | May 2025
Once an interlock is installed, the person can then present the necessary documents, as set forth in the statute, to the Motor Vehicle Commission to request a driver ' s license with a notation stating that the person is not to operate a motor vehicle unless it is equipped with an interlock.
An order from the Municipal Court is not required for this voluntary, pre-conviction process.
Note: Defendants who do not voluntarily install an interlock prior to sentencing must have their license suspended indefinitely by the court upon conviction, until they install an interlock device.
• Also effective February 19, 2024, the law modifies certain penalty provisions, including the length of driver ' s license suspension for convictions of DWI and refusing to submit to a breathalyzer test, and increases the time period for which an interlock is required for such offenses. These modifications also will expire January 1, 2029.
Here are the main takeaways from the bill from Professor Ramsey:
S-4144 / A-5411( Scutari / Murphy, Carter, Reynolds-Jackson)- Clarifies installation of ignition interlock devices for certain DWI offenses.
Under the provisions of this bill, any person who is required to forfeit the right to operate a motor vehicle in this State may, in lieu of forfeiting the right to operate a motor vehicle, install an IID and receive a one day credit against the period of license forfeiture for every two days that the person has the IID installed.
The bill provides that a person is not entitled to this credit if the violation of R. S. 39:4-50 resulted in serious bodily injury to another person. In addition, a person who has been arrested or convicted of operating or permitting another person to operate a motor vehicle while under the influence of a narcotic, hallucinogenic, or habit-producing drug pursuant to the provisions of R. S. 39:4-50 or a person who is convicted of operating a commercial motor vehicle under the influence of a controlled substance pursuant to section 5 of P. L. 1990, c. 103( C. 39:3-10.13) is also not eligible for this credit.
The provisions of this bill take effect immediately and apply to any offense occurring on or after the effective date. The bill’ s provisions expire on January 1, 2029 to conform to the expiration of P. L. 2019, c. 248 and P. L. 2023, c. 191 which also expire on January 1, 2029 and concern the installation of ignition interlock devices.
NJ DWI Law revised to permit certain plea bargains The Governor in 2024 signed changes to the DWI law( NJSA 39:4-50) which did three important things.
1. Permits plea bargaining in DWIs. Certified Municipal Court Attorneys can now better help clients 2. Allows an arrested defendant to get an interlock device immediately and then get credit for it if sentenced later. 3. Extended the life of the 2019 penalty revisions which were due to expire.
Effective February 2024 The bill signed was ASSEMBLY, No. 4800 https:// pub. njleg. state. nj. us / Bills / 2022 / A5000 / 4800 _ S2. PDF
New DWI PENALTIES FOR OFFENSES as of February 20, 2024 [ Don’ t drive drunk ] 39:4-50( a) First offense BAC of. 08 % but less than. 10 %( per se) or operation under the influence( observation) Fine $ 250 to $ 400 * DWI Surcharge $ 125 DDEF Surcharge $ 100 Assessments $ 6 Court costs Up to $ 33 SNSF $ 75 VCCO $ 50 IDRC 12 to 48 hours Jail Up to 30 days( not mandatory) Loss of DL Until interlock installed interlock for Principal Vehicle 3 months First offense BAC of. 10 % but less than. 15 % Fine $ 300 to $ 500 * DWI Surcharge $ 125 DDEF Surcharge $ 100
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