The New Jersey State Legislature has found ignition interlock devices (IIDs) to be more effective in preventing repeat drunk driving offenses and offenses of similar nature. It is reported that such devices have served in deterring over 73,000 attempts of driving over the legal limit in the past 8 years.
New sentencing guidelines regarding the installation of these devices for DWIs in New Jersey have recently been enacted for any offenses occurring on or after December 1st, 2019. The courts and the State have indicated that if an offender has a charge before the changes take effect, their sentence will correspond to the prior DWI statute guidelines, However, our offices are familiar with State v. Smith 58 N.J. 202 (N.J. 1971), which includes language which would enable us to make an Equal Protection argument so that if an offender’s charges are a few months before the change and their case is to be resolved after the change, they could still get the benefit of the amended statute. Our offices will fight for that position.
Similar to our analysis of New Jersey’s expungement law updates, which can be found here, the Law Offices of Eric Morrell have decided to take a look at these guidelines and develop a comprehensive outline of them.
The statute that has been amended is NJSA 39:4-50, driving while intoxicated. Here’s what you need to know:
Sentencing for First Offenders — The amendment the legislature has made is for the purpose of preventing a full forfeiture of license for first time offenders.
Offenders arrested for driving with a .08-. >.10 BAC
Offenders arrested for driving with a .10-. >.15 BAC
Offenders arrested for driving with a <.15 BAC
It is understood that pre conviction installation of an IID will shorten the effect term of the forfeiture, so we will prepare our clients to have an IID installed even prior to their sentencing date. While our goal is to keep a DWI off the record entirely, we are prepared to help you as best we can no matter the circumstances. .
Sentencing for Second-Time Offenders
Sentencing for Third-Time and Subsequent-Time Offenders
Sentencing for Refusals from First-Time Offenders
Sentencing for Refusals from Second-Time Offenders
Sentencing for Refusals from Third-Time and Subsequent-Time Offenders
At the Law Offices of Eric B. Morrell, we fight for you. We hope this comprehensive guide to the new DWI Interlock Sentencing Guidelines has been of help, and our team is always available to help new clients. We can be reached at (732)-249-9933. Give us a call if you need us, but be sure to drink responsibly. The information from the above article has been compiled from information in Robert Ramsey’s Garden State CLE course. We would like to thank Mr. Ramsey for being a resource.