Continued from previous page
The New Jersey Police Chief Magazine | May 2025
The bill provided that a person who has been arrested for certain driving while intoxicated( DWI) offenses may, upon arrest and prior to any conviction, voluntarily install an IID in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, and request from the Motor Vehicle Commission( MVC) a driver’ s license with a notation stating that the person is not to operate a motor vehicle unless it is equipped with an IID.
The amended bill provides that a person who has been arrested for a first DWI offense whose blood alcohol concentration( BAC) was at least 0.08 % but less than 0.10 %, who was otherwise under the influence of intoxicating liquor, or whose BAC was 0.10 % or higher who voluntarily installs an IID and obtains a driver’ s license with the appropriate notation pursuant to the amended bill’ s provisions is not to be subject to a fine as set forth under current law.
Under the bill, a person who has been arrested for a first DWI offense whose BAC was 0.15 % or higher who voluntarily installs an IID and obtains a driver’ s license with the appropriate notation pursuant to the amended bill’ s provisions is to receive a one day credit against the period that the person is required to forfeit the right to operate a motor vehicle under current law for every two days that the person has an IID installed and a driver’ s license with the appropriate notation and is not to be subject to a fine. The bill provides that a person is not entitled to the credit against the period that the person is required to forfeit the right to operate a motor vehicle if the violation of R. S. 39:4-50 resulted in serious bodily injury to another person.
The bill further provides that a person who has been arrested for a second, third or subsequent DWI violation who voluntarily installs an IID and obtains a driver’ s license with the appropriate notation pursuant to the amended bill’ s provisions is to receive a one day credit against the period that the person is required to forfeit the right to operate a motor vehicle under current law for every two days that the person has an IID installed and a driver’ s license with the appropriate notation and is not to be subject to a fine as set forth under current law. A person is not entitled to a credit against the period that the person is required to forfeit the right to operate a motor vehicle if the violation of R. S. 39:4-50 resulted in serious bodily injury to another person.
Under the bill, the fine waiver for first, second, third, or subsequent offenses only applies if the person possessed a valid New Jersey driver’ s license in good standing at the time of the offense and maintained a license in good standing until the date of conviction
Further, the amended bill provides that notwithstanding any judicial directive to the contrary, upon recommendation by the prosecutor, a plea agreement for a DWI or refusal to submit to a breathalyzer offense is authorized under the appropriate factual basis consistent with any other violation of Title 39 of the Revised Statutes( the State’ s motor vehicle code) or offense under Title 2C of the New Jersey Statutes( the State’ s criminal code).
The bill further provides that a person who enters into a plea agreement for operating or permitting another to operate a motor vehicle while under the influence of a narcotic, hallucinogenic, or habit-producing drug will be required to forfeit the right to operate a motor vehicle for a period of not less than six months.
Under the bill, in addition to any penalty imposed under current law, in sentencing a person convicted of a first violation of operating a commercial motor vehicle with a BAC of 0.04 % or more whose BAC was at least 0.04 % but less than 0.08 %, the court is required to order the installation of an ignition interlock device in one non-commercial motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, which is to remain installed during the period that the person’ s commercial motor vehicle driving privilege is suspended.
2025 Law On April 3, 2025 the Governor signed an amendment to the New Jersey drunk driving statute. This amendment has the clear capacity to fundamentally change how NJ DWI cases will be defended, prosecuted and sentenced far into the future. Depending upon how the statute is construed by the Appellate Division, it could mean that no offender convicted of driving while under the influence of alcohol need ever lose his driver ' s license!
Especially impacted will be driver’ s license suspension terms and the alternative of interlock device in lieu of a suspension. 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.
13