Currently, those convicted of a DWI for the first time in New Jersey are sentenced to a mandatory period of driver’s license suspension, the term of which is contingent upon the person’s blood alcohol content (BAC) at the time of the offense.
For example, those who register a BAC of between 0.08% and 0.10% are subject to a period of driver’s license suspension ranging from 3 to 7 months, while those whose BAC’s are 0.10% or higher will lose their driving privileges for between 7 months and 1 year. In addition, drivers whose blood alcohol content exceeds 0.15% are required to install an ignition interlock device in their vehicles during the period of license suspension, as well as six months following the reinstatement of driving privileges.
The new legislation, under Bill A1368, will dramatically modify sentencing for first offense DWI defendants, as it will significantly shorten the period of license suspension, provided that the individual installs an ignition interlock device in his or her primary vehicle for the mandatory period. Specifically, first-time offenders with a BAC of between 0.08% and 0.10% would be subject to a 10-day license suspension, followed by a 3-month period of interlock installation, while first-time offenders with a BAC ranging from 0.10% to 0.15% will be required to install the device for 7 months to 1 year.
Bill A1368 also provides increased latitude for judges imposing sentences in DWI cases. For instance, a judge can impose a lengthier term of license suspension if aggravating factors such as the defendant’s driving record, age, or number of years as a licensed driver influence them to do so. Further, a person who does not have a primary vehicle (leased or owned), will still be sentenced to an extended period of license suspension.
While the majority of pending changes are only applicable to DWI cases involving first offenses, Bill A1368 also seeks to prolong the current driver’s license suspension pertaining to second DWI offenses. The current mandatory sentence for a second offense is 2 years; however, the term would be extended to a range of 2 to 4 years.
With tremendous Senate support (a majority of 29-4) and groups such as Mothers Against Drunk Driving standing behind it, Bill A1368 awaits Governor Christie’s ultimate verdict. Those who argue against it have noted multiple problems with the bill’s implementation, including the fact that it will prolong the adjudication of these cases while judges evaluate numerous factors before issuing sentences. In addition, the ignition interlock device is only to be installed in the driver’s primary vehicle, which does not prevent him or her from driving under the influence in another car.
A reduction in DWI-related fatalities in other states that have passed similar legislation may compel Governor Christie to agree with the bill’s supporters; however, his decision, and the implications for those convicted of DWI in New Jersey remain to be seen.
To view the pending legislation in its entirety, access the following link: Bill A1368
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