(TRENTON) – An Assembly panel on Monday advanced bipartisan legislation sponsored by Assemblyman Joseph Lagana and Assemblywoman Joann Downey to revamp New Jersey’s DUI penalties to focus more heavily on the use of ignition interlock devices, which have proven more effective in reducing repeat drunk driving offenses.
Specifically, the bill (A-4016) decreases the length of driver’s license suspensions for the first offense of drunk driving and refusing to submit to a breathalyzer test but increases ignition interlock device requirements for the offenses of drunk driving and refusing to submit to a breathalyzer test.
“While a license suspension, in theory, is supposed to punish a drunk driver, in actuality it typically imposes a severe financial hardship while doing little to prevent them from getting behind the wheel again while drunk,” said Lagana (D-Bergen/Passaic). “Meanwhile, statistics have increasingly shown that ignition interlock devices have proven far better at reducing drunk driving. If there’s a more effective means to prevent this dangerous practice and protect public safety, we should be pursuing it.”
The International Council on Alcohol, Drugs and Traffic Safety maintains that ignition interlock devices (IIDs), when combined with a comprehensive monitoring and service program, lead to a 40 to 95 percent reduction in the rate of repeat drunk driving offenses among offenders as long as the IID remains on the vehicle.
“A 2011 study published in the American Journal of Preventive Medicine concluded that there is strong evidence that interlocks are effective in reducing re-arrest rates while they are installed in offenders’ vehicles and that more widespread and sustained use of interlocks among people arrested for DWI could have a substantial impact on reducing alcohol-related crashes,” said Downey (D-Monmouth). “Traditionally, the penalty for intoxicated driving has been a suspension of the driver’s license, but in the absence of a driver’s license, the individual may not be able to get to work, or, if their job requires driving, perform their duties. This can lead to the loss of employment, which can in turn lead to emotional consequences such as depression, thereby encouraging more of the substance abuse that led to the penalty in the first place.”
Under current law, the period of a driver’s license suspension for first time drunk driving offenders is based on the offender’s blood alcohol concentration (BAC). If the offender’s BAC is 0.08 percent or higher but less than 0.10 percent, the driver’s license is suspended for three months. If the offender’s BAC is 0.10 percent or higher, the driver’s license is suspended for seven months to one year. Currently, the driver’s license suspension for refusing to submit to a breathalyzer test is seven months to one year.
The bill reduces the driver’s license suspension for first time offenders with a BAC of between 0.08 percent to 30 days. The bill reduces the driver’s license suspension for first time offenders with a BAC greater than 0.10 percent to 45 days if the first time offender’s BAC is between 0.10 percent and 0.15 percent and 90 days if the first time offender’s BAC is 0.15 percent or higher.
Under current law, the installation of an IID is discretionary for first time drunk driving offenders whose BAC is under 0.15 percent but, if required by the court, the IID is to be installed in the motor vehicle principally operated by the offender for six months to one year following the license suspension. First time offenders whose BAC is 0.15 percent or higher are required to install an IID in the motor vehicle they principally operate during the period of suspension, in addition to six months to one year following the suspension. Installation of an IID also is mandatory for a first offense of refusing to submit to a breathalyzer test; it is required during the period of license suspension and six months to one year after the suspension.
The bill makes mandatory the installation of an IID for first time offenders and is required during the license suspension, as well as following the suspension.
For first time offenders whose BAC is 0.08 or higher and less than 0.10 percent, the required period of installation is three to six months after the period of license suspension; for a BAC of 0.10 percent or higher but less than 0.15 percent, the installation period is six months to one year after the license suspension; and for a BAC of 0.15 percent or higher the installation period is one year to 18 months after the license suspension.
The bill further specifies that a driver may not remove an IID on the date of completing the required period of installation unless the driver provides to the New Jersey Motor Vehicle Commission certification from the manufacturer that, within the final one-third of that period, certain conditions were met. First, the manufacturer’s certification must state that there were no attempts to start the motor vehicle with a BAC of 0.08 percent or higher unless a re-test conducted within five minutes of the initial test indicates a BAC of less than 0.08 percent. The manufacturer’s certification must further state that there were no failures to take or pass a test with a BAC of 0.08 percent or higher unless a re-test conducted within five minutes of the initial test indicates a BAC of less than 0.08 percent. Finally, the manufacturer’s certification must state that the driver complied with all maintenance, repair, calibration, monitoring, or inspection requirements related to the IID. The data from the readings of the IID are to be made available to the sentenced person upon request.
Current law provides for a one year driver’s license suspension for failing to install a required IID. The bill increases the suspension to 18 months.
The bill was advanced by the Assembly Appropriations Committee.
