- posted: May 07, 2025
A significant new law has been passed in New Jersey on April 3rd 2025, that changes how certain DWI sentences are handled. Under the current law, individuals convicted of DWI offenses face mandatory forfeiture of their license and are required to install an Ignition Interlock Device. The main change allows for some offenders to reduce the length of their Drivers License suspension. This new provision allows for offenders to receive credit towards their license revocation. Although no case law has been argued on this issue, this change will only apply to DWI matters after April 3rd 2025.
Currently, a first time offender with a BAC (Blood Alcohol Content) of 0.15% or higher will have their license suspended for 4-6 months along with an Ignition Interlock Device for an additional 9-15 months after. A second-time offender will receive a license suspension of 1-2 years and an Ignition Interlock Device for 2-4 years after. If an individual qualifies for Ignition Interlock Credit as a second time offender, one could put the interlock on their car for 2 years which would provide credit for one year. For 3rd offenses, offenders will receive a license suspension for up to 8 years, with an Interlock Ignition Device 2-4 years after. If one qualifies for Ignition Interlock Device credit as a subsequent offender, one could put the interlock on their car for 16 years which would provide them with 8 years of credit. Under this provision, the interlock must stay on for the required months after their license suspension. However on a third the offender must still go to jail for 6 months. One can do 180 days in jail and the other at an IDRC approved in-patient program.
Under this legislation anyone who has their license suspended because of a DWI offense under N.J.S.A 39: 4-50, forfeiting their right to drive, can choose to install an Ignition Interlock Device instead of completing the entirety of their required license suspension. Every 2 days the Ignition Interlock Device is installed, the individual receives 1 day of credit towards their suspension. This allows for certain individuals to receive their driving privileges faster through incentive based credit.
This option however, is only available to offenders under certain circumstances. These provisions exclude individuals whose DWI offense have resulted in Serious Bodily Injury to another person defined in N.J.S. 2C:11-1. .It also excludes individuals who have been arrested or convicted for driving under the influence of “Narcotics, Hallucinogens or other Habit-Producing Drugs” as stated in the current statute. Section 5 of P.L.1990 C.103 excludes individuals who let another person drive their vehicle under the influence of drugs and if the individual themselves drove a commercial vehicle on Drugs. Additionally an individual is not permitted for Ignition Interlock Device Credit if the offense is a refusal.
These provisions will take effect immediately and are set to expire January 1st 2029. Our offices understand the complexities of navigating DWI cases. If you believe that you may be eligible for Ignition Interlock Device credit or have questions regarding your DWI offense please contact our offices.
EBM Law’s Commitment
The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick, NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has 25 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are:
Criminal Defense
DUI/DWI
Guns & Weapons Crimes
Pre-Trial Detention Hearings
Expungements for Prior Convictions
- posted: May 07, 2025
A significant new law has been passed in New Jersey on April 3rd 2025, that changes how certain DWI sentences are handled. Under the current law, individuals convicted of DWI offenses face mandatory forfeiture of their license and are required to install an Ignition Interlock Device. The main change allows for some offenders to reduce the length of their Drivers License suspension. This new provision allows for offenders to receive credit towards their license revocation. Although no case law has been argued on this issue, this change will only apply to DWI matters after April 3rd 2025.
Currently, a first time offender with a BAC (Blood Alcohol Content) of 0.15% or higher will have their license suspended for 4-6 months along with an Ignition Interlock Device for an additional 9-15 months after. A second-time offender will receive a license suspension of 1-2 years and an Ignition Interlock Device for 2-4 years after. If an individual qualifies for Ignition Interlock Credit as a second time offender, one could put the interlock on their car for 2 years which would provide credit for one year. For 3rd offenses, offenders will receive a license suspension for up to 8 years, with an Interlock Ignition Device 2-4 years after. If one qualifies for Ignition Interlock Device credit as a subsequent offender, one could put the interlock on their car for 16 years which would provide them with 8 years of credit. Under this provision, the interlock must stay on for the required months after their license suspension. However on a third the offender must still go to jail for 6 months. One can do 180 days in jail and the other at an IDRC approved in-patient program.
Under this legislation anyone who has their license suspended because of a DWI offense under N.J.S.A 39: 4-50, forfeiting their right to drive, can choose to install an Ignition Interlock Device instead of completing the entirety of their required license suspension. Every 2 days the Ignition Interlock Device is installed, the individual receives 1 day of credit towards their suspension. This allows for certain individuals to receive their driving privileges faster through incentive based credit.
This option however, is only available to offenders under certain circumstances. These provisions exclude individuals whose DWI offense have resulted in Serious Bodily Injury to another person defined in N.J.S. 2C:11-1. .It also excludes individuals who have been arrested or convicted for driving under the influence of “Narcotics, Hallucinogens or other Habit-Producing Drugs” as stated in the current statute. Section 5 of P.L.1990 C.103 excludes individuals who let another person drive their vehicle under the influence of drugs and if the individual themselves drove a commercial vehicle on Drugs. Additionally an individual is not permitted for Ignition Interlock Device Credit if the offense is a refusal.
These provisions will take effect immediately and are set to expire January 1st 2029. Our offices understand the complexities of navigating DWI cases. If you believe that you may be eligible for Ignition Interlock Device credit or have questions regarding your DWI offense please contact our offices.
EBM Law’s Commitment
The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick, NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has 25 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are:
Criminal Defense
DUI/DWI
Guns & Weapons Crimes
Pre-Trial Detention Hearings
Expungements for Prior Convictions
