New Jersey DWI Lawyer Blog

In many states, the Garden State included, ignition interlocks can be ordered installed in vehicles used by convicted drunken driving offenders as a way of keeping intoxicated drivers off the road. While some people oppose these types of laws, traffic safety and anti-drunk driving supporters maintain that mandatory ignition interlocks are a good thing.

As New Jersey DWI defense lawyers, my staff is well aware of the fines and penalties associated with a drunk driving conviction. In addition to court fees and punitive fines, motorists charged with driving while intoxicated by alcohol or prescription drugs (drug DUI) can also end up paying inflated car insurance premiums and even face jail time for multiple offenses.

One of the legal judgments that can come down from the bench following a DWI conviction is the mandatory installation of an ignition interlock onto a convicted drunk driver's vehicle. The types of devices are designed to prevent the starting of a vehicle if the operator has a blood-alcohol content (BAC) exceeding a certain value. Akin to a mini breathalyzer, an ignition interlock device will disable a car or truck's starting system if the unit detects alcohol on the driver's breath.

A short time ago, Pennsylvania's Supreme Court overturned a ruling that resulted from a legal challenge to that state's law regarding the use of ignition interlock devices. Based on news reports, the ruling not only closed a loophole in state law, it also clarified the application of ignition interlocks in DWI cases.

Continue reading "New Jersey DWI Defense News: Penn. State Supreme Court Overturns Challenge to Ignition Interlock Law" »

I was interviewed by the Star Ledger today regarding the New Jersey Ignition Interlock law. The related newspaper story is to be published early next week and shall focus on the growth in the state's ignition interlock industry. I would have to agree with the reporter concerning the growing demand for interlock devices in this state as a result of Ricci's Law.

NJ law was significantly expanded with reference to those DWI arrests to which an ignition interlock penalty applies. The amendment to the law, commonly referred to as "Ricci's Law", effects all arrests after January 14, 2010. The biggest change involves mandatory installation of an ignition interlock for first time offenders convicted based on a blood alcohol concentration of .15% or higher. The new interlock law also requires installation for all individuals convicted of refusal to submit to a breath test.

My impression is that the interlock will now come into play in the majority of DWI cases filed in NJ. Indeed, it shall effect not only all multiple offenders (e.g. Second Offense, Third Offense, etc.) and all refusals, but also a large portion of those committing their First Offense (i.e. .15 reading or higher). The associated expense, which can range from approximately $750 to $1,500, is a major consideration in these cases, not to mention the intrusive effect that imposition of an interlock has on an individual's travel. The incentive to defend a DWI charge in New Jersey clearly also experienced growth by virtue of Ricci's law.