New Jersey Passes Major Changes in the Law for First Offense DWIs

As of January 1, 2020, sentencing will be changing on first offense DWIs that occur after December 1, 2019. Unfortunately, if you have a pending DWI case, these changes are not going to apply to your sentencing. The new penalties are tiered, just like the prior ones were. This means that you're reading on the Alcotest, effects the penalties imposed. 

If your reading is a BAC of 0.08% to 0.10% the previous suspension of ninety (90) days is replaced with a suspension of thirty (30) days and an ignition interlock for three (3) months to six (6) months following the license suspension.

If your reading is a BAC of 0.10% to 0.15% the previous suspension of seven months to one year is replaced with a suspension of forty-five (45) days and an ignition interlock for six (6) months to one year.

If your reading is a BAC of 0.15% or higher the previous sentence of a suspension of seven months to one year and a mandatory ignition interlock device for six (6) months to one year is replaced with a suspension of ninety (90) days and an ignition interlock device for one year to eighteen (18) months.

The penalties for refusing to submit to a breath test have also been amended under this law. On a first offense refusal the prior suspension was seven to twelve months with a mandatory interlock device for six (6) months to one year. Under the new law, the suspension period for the refusal is ninety (90) days, with the interlock requirement staying the same at six months to one year.

The new law also amends the penalties for failing to install an ignition interlock device. If an interlock device is ordered to be installed and it is not done, then on top of any other penalties, a person’s license will be suspended for eighteen (18) months.