Being a drunk driving defense attorney representing drivers from all around the New Jersey area, I know how even a simple fender-bender can turn out to be a big deal once the police determine it may have been caused by alcohol consumption. Of course, a property damage accident is far less serious than a crash that takes an innocent life. This is why, no matter what the circumstances, consulting with an experienced DWI defense lawyer is the first step in the process of avoiding a drunk driving conviction.

Recently news reports detailed a crash in Lower Township in which the driver wrecked his vehicle by hitting a utility pole. The accident occurred on Sunday, February 28, in Cape May County, NJ, when a 9-1-1 operator received a call reporting a motor vehicle accident in the 500 Block of Sunset Blvd. The accident itself was described by witnesses as a vehicle-versus-pole wreck.

Patrol Officer Ed Edwards responded to the scene along with members of the Lower Township Rescue Squad. Upon arriving at the scene of the incident, Lower Township officers discovered 42-year-old Denise Leaming standing outside of her 1998 Plymouth Neon.

Leaming, a resident of Camden County, NJ, appeared to the officers to be inebriated. The allegedly intoxicated woman had facial injuries, which officers believed to have been sustained in the accident. After being treated at the scene by Lower Township Rescue Workers, she was subsequently transported to Cape Regional Medical Center by Lower Township Rescue Squad for treatment of her injuries. Officers accompanied Leaming to the hospital where they requested a blood sample as part of their accident investigation.

While at the scene, officers reported that the telephone pole Leaming struck had caught on fire from damage to the electrical wires. Leaming was charged with the following motor vehicle violations: Driving while intoxicated (DWI),careless driving, and uninsured motorist.

Driver Charged with DWI After Hitting Pole, CapeMayCountyHerald.com, March 1. 2010

Drunken driving has become a serious offense in New Jersey, as well as across the United States. This does not change the fact that every person accused of or charged with a DWI offense is considered innocent until proven guilty. As a former municipal prosecutor, I understand the techniques used by law enforcement to attain drunk driving convictions. The following news items reflect the kinds of arrests that occur on a weekly basis here in the Garden State.

Lyndhurst
A 33-year-old Rutherford man and a 32-year-old man from Lyndhurst, NJ, were each arrested on a late January evening in what could have been a drug DUI incident following a complaint of illegal fireworks in the 100 block of Copeland Avenue. Police identified a vehicle that allegedly left the scene of the incident and conducted a standard motor vehicle stop. In the course of the arrest, one of the occupants was charged with possession of a prescription drug without a prescription. The other man was charged with possession of marijuana, and found to have a $400 outstanding warrant. Both were subsequently released on summonses.

Rutherford
A 34-year-old New York man was arrested on a Thursday morning in late January for DWI and careless driving following a motor vehicle stop on westbound Route 3. According to police, the suspect was allegedly passed out behind the wheel when the officers approached the man's vehicle. He was transported to Meadowlands Hospital due to his apparently high level of intoxication. Police later released the motorist on summonses.

A 20-year-old Kearny driver was arrested on January 30 in the early morning hours for DWI and failure to keep right. Police reported that the suspect made an illegal left turn onto Station Square and then began driving the wrong way before officers pulled him over. The driver reportedly failed a field sobriety test and later registered a 0.12 percent reading on the breath test. The man was subsequently released on summonses.

East Rutherford
A Rutherford resident was arrested in the early morning hours of a Sunday, charged with DWI. According to reports, witnessed flagged down a patrolman regarding a vehicle that had been observed swerving on southbound Route 17. Police reported locating the vehicle and its 25-year-old driver in a parking lot on the corner of Hoboken Road and Enoch Street. The motorist allegedly failed a field sobriety test, after which he was transported to Hackensack University Medical Center due to his being visibly impaired by alcohol.

The Court referred to a previous ruling (State v. Ugrovics, 410 N.J. Super. 482 [App. Div. 2009]), and stated that the procedural requirements were in fact met in original case against Mr. Tirello. The appeal had been brought by the state as a result of a lower court's decision to throw out Tirello's breath test results due to a failure of the police to follow the correct procedure.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the ins and outs of breath testing. In this particular case, the subject of the breathalyzer test claimed that the same officer did not remain in the DWI room, having left for a period of time before coming back to administer the breath test. However, the Court ruled that because another officer was in the room with the suspect continuously that the procedures were followed and the breath test results would stand.

According to court records, Tirello was arrested following a two-car accident in Wildwood, NJ. The man admitted to police that he was one of the drivers involved, during which Patrolman Nino Cusella detected an odor of alcoholic beverage on defendant's breath and observed that defendant's eyes were watery and bloodshot.

Although Tirello reportedly denied drinking any alcoholic beverages, Officer Cusella told him that he was stuttering and his speech was slurred. The suspect then admitted to drinking a couple of beers earlier in the evening. Although defendant was able to recite the alphabet, he swayed while performing field sobriety tests. He was then arrested, handcuffed and searched.

Officer Cusella testified that "everything" was taken from defendant's person, including his cell phone and any type of food, gum, mints or cigarettes. Police kept the suspect handcuffed in the patrol car and they were not removed until he was taken into the "DWI room" by Officers Cusella and Chobert.

According to reports, Tirello remained in the presence of an officer who was able to observe that he never put anything in his mouth, did not burp or regurgitate and did not use the bathroom.

The state of New Jersey takes a dim view of intoxicated driving, which is why the penalties and fines associated with DWI and DUI convictions can be rather severe. Add an injury or death as a result of a drunken driving accident and the outcome of a drunk driving trial could mean a very long prison sentence.

Not long ago a jury heard the initial statement from a defendant regarding a July 2008 fatal drug-related DUI crash that left a motorcycle rider dead following a head-on wreck along Route 47. According to reports, the accident occurred on a summer afternoon when Nicholas Golden slammed into the biker as the two vehicles approached each other.

The rider, 20-year-old Craig Lozier was unable, according to Middle Township police, to avoid the oncoming car driven by Golden, an 18-year-old out-of-state resident. Based on police information, Golden and his passenger, 18-year-old Kyle Zalot were traveling southbound along Route 47 when they attempted to pass some other vehicles. It was at this time that the accident happened. Lozier was pronounced dead at the scene.

Four hours after the fatal crash, Golden was interviewed by a detective with the Cape May County Prosecutor's Office. News reports state that the defendant initially told investigators that Lozier had entered his lane, but he later admitted he was in Lozier's lane.

Police allege that Golden and Zalot had been smoking marijuana prior to the incident. Because of this, Golden was charged with driving while intoxicated, as well as one count of death by auto, a first-degree crime. He was also charged with other motor vehicle violations. Golden's next court date is scheduled for March 11.

Jury Will Hear Defendant's Initial Statement after Lozier Fatal Crash, CapeMayCountyHerald.com, Februrary 10, 2010

At that time it was suggested that these decreases may have been influenced by the stiffer penalties for motorists convicted of driving under the influence of alcohol. It's no secret that drunk driving in the New Jersey area is a dangerous activity. Police and state law enforcement agencies continue to increase the frequency of patrols, as well as instituting sobriety checkpoints, also known as drunk driving roadblocks.

As a New Jersey DWI defense lawyer, I know how expensive a drunken driving conviction can be to a person's bottom line. This is because the penalties for DWI in the Garden State can carry heavy fines and even jail time.

More recently, Lower Township reported a broad decline in traffic offenses and related legal cases. According to news reports, service calls declined from 39,791 to 32,030, but township officials say this was partly due to reduction in manpower.

Still, DWI arrests declined from 115 to 80. Adult arrests overall declined from 870 to 543, while juvenile arrests declined from 142 to 112. Budget problems have also affected the number of officers on patrol each day. By comparison, Lower Township has 43 officers versus 50 in Middle Township and 59 in Ocean City.

While most drivers never intend to be charged with a DWI, penalties for operating a motor vehicle while under the influence of alcohol are designed to hurt one's wallet, as well as provide jail time. Whether fewer patrolmen on the streets will have an impact on the number of drunk driving arrests going forward, the problems caused due to a drunk driving conviction can cause New Jersey drivers much more than a little inconvenience and embarrassment.

Fewer police and fewer arrests in 2009, Lower Township report shows, PressofAtlanticCity.com, February 3, 2010

Whether you have been arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs, it is advisable to retain the services lawyer. The following selection of recent drunken driving incidents illustrates the possible scenarios of DWI arrests and other DWI-related charges.

Whether you live in Newark, Trenton, Atlantic City or any of the other cities and towns throughout New Jersey, remember that a DWI conviction will likely affect your life in an adverse way.

A 27-year-old Lyndhurst motorist was arrested for driving while intoxicated (DWI) in late January. The incident occurred just before 2pm, according to police reports. Two police officers stopped the driver for speeding on Route 3 near Passaic Avenue. While interviewing the man, the officers allegedly detected signs of intoxication. They reportedly administered several field sobriety tests, which the driver was unable to pass. He was arrested and charged with DWI after registering a blood-alcohol content (BAC) of 0.31 percent on a breath-testing device. He was also issued summonses for speeding, failure to wear a seatbelt and failure to maintain his lane.

A Clifton resident was pulled over and arrested in the morning of January 30. According to police reports, officers responded to Van Houten Avenue on a report of a possible drunk driver in a 2006 Chevrolet. At the scene the officers found the vehicle and questioned the 26-year-old driver. During this time, the officers apparently detected signs of intoxication. They arrested the man who only registered a 0.02 percent BAC on a breath test machine. After officers searched the man, they allegedly found the drug Xanax on his person. During the questioning, the motorist admitted to having taken Percocet, Vicodin and two Ambien pills before getting into his car and driving. He was charged with possession and use of CDS (controlled dangerous substance). He was also charged for having an outstanding warrant.

The following are some recent examples of arrests in Passaic County as reported by the local news media. As a New Jersey drunk driving defense attorney, I know that even a single conviction for driving while intoxicated can turn a person's world upside down. Not only can a DWI place your personal relationships in jeopardy, the future of your business or career could also be negatively affected.

Drug DUI Arrest
A 50-year-old woman from Passaic was arrested and charged with driving while intoxicated (DWI) on January 21 just before 9am. Based on police reports, a patrol car was dispatched to the parking lot of the Pathmark store on Paulison Avenue after a report was received of an individual sleeping in a 1998 Nissan.

Upon arriving at the scene, the officers found a woman asleep in the car with the keys in the ignition and the engine running while parked in a handicapped space. The officers woke the woman who apparently did not want to answer questions and who then fell back to sleep. Reports indicate that the driver told the officers that she had not been drinking, but had taken medications.

Being unable to complete a variety of field sobriety tests, she was taken to police headquarters where she was took a breath alcohol test and posted results of 0.00 percent blood-alcohol content (BAC). A drug recognition expert made the determination that the woman was under the influence of Oxycodone. She was then charged with driving under the influence.

Asleep and Double Parked
A 30-year-old Prospect Park motorist was arrested and charged with DWI in the early morning hours of January 23. According to reports, a police officer observed a 2008 Mazda double parked on Lake Avenue. When the officer checked the vehicle, he observed two people asleep in the vehicle; a woman in the driver's seat and man in the passenger seat next to her.

Upon waking the driver, the officer reportedly detected sings of intoxication and requested the woman take several field sobriety tests, which she failed. The driver was arrested and transported to police headquarters where she was charged with DWI and refusal to take a breath test.

Driving with No Headlights
A 37-year-old Newark resident was arrested and charged with DWI just after 3am on January 24. According to reports, officers observed a 2004 Honda Civic traveling on Allwood Road without its headlights activated. Officers pulled the vehicle over to interview the driver.

While speaking with the man, officers detected signs of intoxication, which was shortly followed by a battery of failed field sobriety tests. The driver was arrested and transported to police headquarters where he was given a breathalyzer test, which registered 0.13 percent BAC. He was charged with driving while intoxicated.

Police Blotter Clifton Journal, NorthJersey.com, January 29, 2010

According to court records, the appellate court decided late last year that speedy trials are the right of everyone caught up in the state's judicial system. Based on reports, the court overturned a DWI conviction simply because the prosecution allowed the defendant's case to be dragged out for almost one year.

The decision was released in December essentially ruling that the guarantee of a speedy trial in the Bill of Rights also applies to cases of drunk driving. Unfortunately for motorists accused of driving while intoxicated, courts have been known to generally ignore most of the constitutional protections when it came to DWI cases. For example, the US Supreme Court swept aside the Fourth Amendment right of innocent drivers to be free from warrantless searches so that DWI checkpoints could be conducted.

In this most recent case, the infringement was so extreme that the court had little choice but to overturn the DWI conviction of Christos E. Tsetsekas that resulted from a May 8, 2007 arrest for being just over the legal limit for intoxication. Seven days later, Tsetsekas appeared in court to plead not guilty.

According to news reports, Tsetsekas appeared in July for his trial, but the prosecutor asked the judge to postpone until August. State police officials then delayed, saying it would take time to produce a copy of the dashcam video that documented Tsetsekas' arrest. The judge set a September court date, and subsequently an October date. After police found the tape in November, the prosecutor asked for another delay because he had not seen the footage.

Trial did begin in December, but the only witness for the prosecution available was a state trooper who did not show up until 11pm. Because the remainder of the prosecution's witnesses were not ready, the trial was scheduled to resume in March 2008. On that date, none of the troopers appeared. Finally, the trial wrapped up on April 16 and Tsetsekas was convicted.

At the time, the trial judge concluded that because the prosecutor had not maliciously delayed as a means of harming the defendant's case, the defendant's right to due process was not infringed. The appellate court's three-judge panel disagreed and put the blame for the dismissal squarely on the shoulders of the prosecutor.

New Jersey Appellate Court Upholds Speedy Trials for DUI, TheNewsPaper.com, January 12, 2010

Driving under the influence of prescription drugs (drug DUI) will also cause a driver trouble if pulled over by a state, county or municipal law enforcement officer. Regardless of the circumstances, for a traffic stop to be valid it must be supported by the police officer's reasonable suspicion that a motor vehicle violation has occurred. Under State v. Carpentieri, the New Jersey Supreme Court held that law enforcement officers must have an articulable and reasonable suspicion that a violation of traffic law has happened.

Once an individual is stopped the police must have probable cause to believe the driver is intoxicated before they can make an arrest and conduct a breathalyzer test - usually using an Alcotest measuring device. Remember that there is no right to advice from counsel at this early stage in the DWI process.

A few examples of drunk driving arrests are included below, based on recent news reports. Dozens of these kinds of incidents take place in New Jersey every week.

Montclair
Officers pulled over a 28-year-old Clifton resident in the early morning hours of Wednesday, January 20, when officers observed the motorist traveling at a high rate of speed along the city street. The actual traffic stop occurred at the corner of Glenridge Avenue and Forest Street. As officers approached the vehicle, they detected signs that the driver had possibly been drinking. The man was likely given a series of field sobriety tests to determine his state of inebriation, after which he was taken into custody and charged with driving under the influence of alcohol, as well as speeding.

In an earlier incident, a 56-year-old woman from Riverdale was charged with several offenses including assault by auto, careless driving and DWI after the vehicle she was driving collided with another car. The driver reportedly left the scene of the accident just before 6:30pm on January 19. According to police records, another motorist followed the woman as she drove away, following her to the intersection of Grove Street and Mt. Hebron Road, where she eventually pulled over.

Red Bank
A 44-year-old resident of Newark, NJ, was arrested on January 17 after a Red Bank patrolman observed the woman driving in a manner suggesting drunk driving. The officer pulled the driver over, and on suspicion of drunk driving charged the woman with driving under the influence of alcohol.

In two separate incidents on January 16, Red Bank police arrested a 24-year-old woman and a 64-year-old man on charges of driving while intoxicated. The woman was stopped by a Red Bank police officer in the area of N. Bridge Ave. The woman was apparently drunk, according to police. The officer likely conducted standardized field sobriety tests, which the suspect probably failed. She was arrested for DWI.

In the second arrest that day, the 64-year-old driver was stopped near Newman Springs Rd. by a Red Bank patrolman on suspicion of drunk driving and other traffic violations. After evaluating the driver, the officer effected an arrest and charged the man with driving under the influence of alcohol.

BLOTTER: A CUPFUL OF WHAT??? OH, YUCK!, RedBankGreen.com, January 25, 2010

Montclair: Police Blotter, NorthJersey.com, January 28, 2010

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the techniques that the township's attorneys typically use to secure a conviction for driving under the influence of alcohol. Based on the recent news article, Ocean City saw the most court cases overall, but lagged behind Middle Township by nearly three dozen DWI cases.

On a percentage basis, DWI cases accounted for less than one-half percent, while in Middle Township drunk driving accounted for just over two percent of all court cases. Although Upper, Lower and Dennis townships all had less DWI cases, the percentage of drunken driving prosecutions out of all cases exceed that of Middle Township.

Addition information from the county's report included indictable criminal cases, disorderly persons and other criminal offenses. The traffic cases were broken down into DWI, moving violations and parking offenses. A total of 47,682 traffic cases were heard by county courts during all of 2009 - more than 80 percent of all cases in Cape May County.

More than 12,500 or 20 percent of all county cases were handled in Ocean City Municipal Court, due to its 1,468 criminal cases and particularly its many traffic violations 11,087. In fact, Ocean City's meter maids wrote a county-leading 7,820 parking tickets.

The judiciary also released its Superior Court statistics on January 25. Those figures showed 7,351 total cases in Cape May County courts -- 668 criminal, 3,912 civil and 2,771 family.

Ocean City's Municipal Court Sees Most Cases in County, CapeMayCountyHerald.com, January 25, 2010

As drunk driving defense lawyers, I and my colleagues have seen this kind of DWI scenario played out again and again all across New Jersey. In this instance, police reports indicate that the supposedly drunken man's vehicle crossed the curb and drive over a sidewalk, eventually ending up in a neighbor's yard and causing substantial damage to the lawn and a chain link fence before hitting a tree.

Police allege that the driver attempted to flee on foot from the scene of the accident. According to reports, Rothenberger was detained by several other neighbors in the area and held until police arrived. The neighbors indicated that a male and female passenger in the back seat of the vehicle also fled the scene of the accident and apparently ran back to the residence on Deborah Avenue.

As a result fo the accident, Rothenberger received abrasions to his face, but refused to be transported to the hospital by emergency responders. Reports indicate that the man was uncooperative and belligerent with officers at the scene and when told he was being placed under arrest for driving while intoxicated, he attempted to physically resist his arrest.

Rothenberger was taken to the Lower Township Police Department where he was processed and charged with DWI, resisting arrest, refusal to submit to a breath test, reckless driving, leaving the scene of an accident and failure to report an accident.

Hamilton man arrested following Cape DWI crash, ShoreNewsToday.com, January 27, 2010

Man Arrested for Leaving Scene of Accident, DWI in Lower, CapeMayCountyHerald.com, January 25, 2010

As a New Jersey DWI defense lawyer, I have represented a range of persons accused of driving while intoxicated. In a court, everyone should be treated equally in the eyes of the law. Recently, news reports covered the drunken driving arrest of former New Jersey Nets basketball player who allegedly crashed his vehicle into a tree in the Manhattan area in early January.

According to news articles at the time, retired NBA player, Jayson Williams suffered cuts to his face and a small fracture to a bone in his neck after allegedly running his Mercedes sport utility vehicle into a tree just after 3am. He was subsequently transported to Bellevue Hospital for treatment of his injuries.

Based on police reports, Williams refused to submit to a breathalyzer test, however law enforcement officials obtained a warrant to test his blood while he was hospitalized, which led to his being charged with DWI.

Not long ago, Williams pled guilty to aggravated assault in connection with the 2002 death of a limousine driver, during which the former New Jersey Nets player was allegedly drinking alcohol.

According to news reports, following the DWI accident, Williams was ordered by the court to wear an alcohol monitor, known as the Secure Continuous Remote Alcohol Monitor, which monitors perspiration for alcohol content.

Jayson Williams must wear alcohol monitor, DigitalSportsDaily.com, January 25, 2010

Whether a person is pulled over on the parkway or a city street, the patrolman will most likely request that the individual perform a number of field sobriety tests. Another way that someone can be tagged for a DWI is at one of the many sobriety checkpoints, or roadblocks that are set up around the state. Regardless of the location, if the officer suspects that a driver is impaired, he will most likely request that person to take a breath test to determine blood-alcohol content (BAC) -- the amount of alcohol in the bloodstream.

The following are some news items involving drunken driving arrests in the Montclair area. They are just examples of the typical situations that begin a process that can eventually lead to a DWI or DUI conviction.

Orange Road Car Crash
A 22-year-old woman was arrested after driving her vehicle into a utility pole on Orange Road, near Canterbury Park in the early morning of January 18. According to police reports, the pole along the northbound lane was split when it was struck by a 2010 Toyota Corolla driven by the suspect.

Police found the driver standing outside the ruined car and noticed that her speech was slurred. The woman had suffered a small cut to the side of her lip. Apparently the driver told officers that she had one mixed drink with vodka before driving. After she failed several sobriety tests, she was arrested and charged with DWI and careless driving. Her wrecked car was towed away.

Valley Road Accident
An SUV hit a parked car on Valley Road near Walnut Street around 8:30pm on January 17 -- according to police the suspect's vehicle continued away northbound on Valley Road without stopping. Officers found a 2000 Nissan Altima with damage to its rear bumper. After the owner of the vehicle gave a description of the sport utility vehicle to the police, officers made a search of the area.

Driving along Upper Mountain Avenue, the patrolmen found a damaged Nissan Pathfinder with its hazard lights flashing. They saw a woman standing outside the truck, talking on her cell phone.

Officers asked the woman how her truck's front bumper had been damaged. The 42-year-old driver said the vehicle had been involved in an accident a week ago, but was uncertain as to where it had occurred. The officers noticed that the driver appeared to be slightly off-balance and admitted that she had been drinking "a little," according to the police report.

Over the years, I have worked closely with the police all across New Jersey, so I understand how much pressure their job can entail. However, as a DWI defense attorney I find it the height of hypocrisy when a police officer fails to live up to the standards that all citizens are expected to observe. In the recent case of this officer's arrest for driving under the influence of alcohol, the incident also involved a traffic accident with alleged injuries.

According to news reports at the time, the officer was suspended pending an investigation into the December 17 drunk driving-related two-vehicle crash on Route 517 north of Hackettstown. According to police reports, Sgt. Steve Pelligra, 45 was suspended without pay. Pelligra is assigned to state police at Hope Township.

Reports indicate that the off-duty officer, a resident of Sussex County, was driving a Nissan Frontier pickup north on Route 517 when his vehicle crashed into the driver's side of a southbound 1999 Pontiac Grand Prix driven by Scott Lehnes of Vernon, NJ.

The crash occurred around 10pm near Johnson Road just north of the Route 517 interchange on Interstate 80. Police reports state that Pelligra apparently fled the scene following the crash. Reports at the time did not include information on the extent of injuries of either driver involved in the crash.

Nevertheless, police were able to identify the officer and when requested to take a breathalyzer test, he refused. Pelligra was reportedly with breath test refusal, leaving the scene of a crash and failing to report an injury accident. A person who is convicted for the first time of refusing to submit to a breath test faces a driver's license suspension between seven months and one year.

N.J. officer suspended after off-duty DWI crash, PoliceOne.com, December 28, 2009

New Jersey state trooper drunk when he caused Allamuchy Twp. accident, police say, LehighValleyLive.com, December 24, 2009

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one's vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as "Ricci's Law" in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

The now-mandatory ignition interlocks incorporate a breathalyzer-type device that only allows a car to be started is the driver is sober. When attempting to start the vehicle, the driver must first blow into the device. If the interlock registers above a specific blood-alcohol content (BAC) -- usually greater than 0.02 percent to 0.04 percent -- the vehicle is rendered inoperable.

Under the measure, any person convicted of drunk driving will be required to install an ignition interlock device in any motor vehicle principally owned by the offender, though first-time offenders would have to have a BAC of at least 0.15 percent. In such cases, the court will require first-time offenders to install the interlock for a period of six months to one year.

The previous law imposed driver's license suspensions on all persons convicted of drunk driving. That penalty is still in effect.

Under the new law, the interlock device will also be mandatory in all cases and will be required to be in effect during the period of time that the license is suspended. In addition, persons who are convicted of refusing the breath test also will be required to install an ignition interlock device.

Bill Requiring Ignition Breathalyzer For DUI Convictions Now Law, NJToday.com, January 15, 2010