The amended DWI statute, 39:4-50, became effective December 1, 2019. Unfortunately, the statute is not retroactive, at least at this time. That means that if you were arrested before December 1, 2019 you will be prosecuted under the old law.
The new law has the same suspension periods as the old. However the new law permits driving after conviction of a first offense, depending on your proven Blood Alcohol Content (BAC), immediately after the installation of an interlock devise (IID). There are other conditions as well that need to be discussed more completely than this forum allows.
First Offense DWI
- If convicted with a BAC is under .1 there would be a 3 months suspension. But as soon as an IID is installed the person can drive. So the length of the IID requirement is 3 months. To remove the IID you must comply with all requirements of 39:4-50.16. These requirements need to be fully discussed.
- If convicted with a BAC is .1 to .149 there is a 7 to 12 month suspension but the IID condition will allow driving immediately upon installation and continue for that period.
- If convicted with a BAC is .15 or higher there would be a 4-6 month suspension with no driving, but installation of the IID during and after that period would allow driving thereafter and must remain for 9-15 more. Again, certain conditions need to be fully discussed.
- First offense driving under the influence of drugs (the drugs proscribed are listed in the statute and must be discussed) remains the same, a 7-12 month suspension. No IID conditions.
*First offense refusal to take the 7110 Alcotest (or its successor) results in suspension but has the IID condition to allow immediate driving. These requirements also need to be fully discussed.
Second Offense DWI
Second offense DWI does not have IID conditional driving but the suspension period has been reduces to 1-2 years instead of the old mandatory 2 years. The IID must be installed during the suspension period and then for a period thereafter. This was the old law also but was not enforced. Now figure it will be. Second offense refusal also is now suspension for 1-2 years as well. Whether consecutive or not needs to be discussed.
Third Offense DWI
Third offense DWI has the same mandatory 180 day jail term but a reduced suspension of 8 years instead to 10 years.
All periods of IID installation and requirements for removal on all convictions need to be fully discussed with an experienced defense attorney.
An important thing to realize is that since the IID conditions appear to be mandatory (on any new statute applications of details are at best a guess) you can now fight the charge and still be able to drive to work if you lose. This was not the case under the prior law. The BAC readings are not only important as evidence of guilty but in determining the length of the IID requirement. Contesting the readings is just as essential for this reason as well as to defend the case. Getting the readings under .15 is the difference between driving or not driving. Second or third DWI basically are the same as under the old law although the suspension for a second can be only 1 year instead of 2 (attorney would help that issue) and a third DWI is now just 8 years. Attorneys are needed for these charges for the same reasons as under the old law. The difference in the refusal statute is huge and must be fully explained. In short although a person can just go court and plead without an attorney and try to get into the IID window they would be missing an opportunity to beat the case that did not exist without great risk before. An attorney makes sense for those reasons and many others because of conditions added to the statute that do not directly affect driving. It seems essential to discuss all the ramifications of the new law with an experienced defense attorney. Give me a call for a free consultation.
IF THERE'S A WAY OUT, WE'LL FIND IT CALL MARK M. CHESER TOLL FREE: (908) 687-6650
