New Jersey DUI Law Update: Understanding Bill S-3011/A-4800 (December 21, 2023) - A Comprehensive Guide by Brett M. Rosen, Esq.

New Jersey DUI Law Update

New Jersey DUI Law Update

On December 21, 2023, Governor Murphy signed bill S-3011/A-4800 into law, significantly changing New Jersey’s DUI landscape. This legislation introduces critical revisions to penalties, particularly for first-time offenders, and provides new options for those facing DUI charges. If you’re facing a DUI charge in New Jersey, understanding this new law is crucial. This comprehensive guide by Brett M. Rosen, Esq. provides a detailed overview of the changes, potential defenses, and answers to frequently asked questions.

Key Changes Introduced by S-3011/A-4800

This bill focuses on amending New Jersey’s DUI statute (N.J.S.A. 39:4-50) and primarily impacts first-time offenders with a Blood Alcohol Concentration (BAC) at or above 0.08% but less than 0.15%. Here are the key changes:

1. Ignition Interlock Device (IID) Option:

  • Voluntary Installation: The law allows individuals arrested for a first-time DUI offense to voluntarily install an IID in their vehicle. An IID is a breathalyzer device connected to your car’s ignition system, preventing the vehicle from starting if alcohol is detected on the driver’s breath.
  • License Notation: Upon installing an IID, you can request a special driver’s license from the Motor Vehicle Commission (MVC) with a notation indicating that you can only operate a vehicle equipped with an IID.
  • Benefits: This option allows individuals to avoid the mandatory license suspension period typically associated with a first-time DUI. It provides continued driving privileges for work, school, or other essential activities, while ensuring safety by preventing alcohol-impaired driving.

2. Elimination of Fines for Certain First-Time Offenders:

  • BAC Below 0.10%: If your BAC was at least 0.08% but less than 0.10%, and you voluntarily install an IID and obtain the restricted license, you can avoid the mandatory fines that were previously imposed for a first-time DUI.
  • BAC 0.10% or Higher: Even with a BAC of 0.10% or higher (but less than 0.15%), first-time offenders who opt for the IID and restricted license can avoid the fines. This represents a significant change, as fines were previously mandatory for this BAC range.

3. Extension of Prior Provisions:

  • Renewal of 2019 Amendments: The law extends the expiration date of certain DUI penalty provisions that were adopted in 2019 and were set to expire. This ensures continued consistency in DUI penalties.

4. Important Notes:

  • Not Applicable to All Cases: These changes primarily benefit first-time offenders with a BAC below 0.15%. Repeat offenders or those with higher BAC levels still face the standard penalties under New Jersey law.
  • Court Discretion: While the law provides these options, the court ultimately has the discretion to impose penalties and conditions based on the specific circumstances of each case.

Understanding DUI Offenses in New Jersey

Driving under the influence of alcohol or drugs is a serious offense in New Jersey, with penalties varying based on factors like BAC, prior offenses, and any aggravating circumstances (e.g., causing an accident, having a minor in the car).

Key DUI Laws in New Jersey:

  • N.J.S.A. 39:4-50: This statute prohibits operating a motor vehicle under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug.
  • “Per Se” Violation: If your BAC is 0.08% or higher, it’s considered a “per se” violation, meaning you are automatically considered under the influence, regardless of whether you exhibit signs of impairment.
  • Implied Consent: New Jersey has an “implied consent” law, meaning that by driving in the state, you consent to a breathalyzer test if lawfully arrested for suspicion of DUI. Refusing a breathalyzer can lead to separate penalties.

Potential Defenses for DUI Charges

Even with the changes introduced by S-3011/A-4800, defending against a DUI charge requires a thorough understanding of the law and potential defenses. Brett M. Rosen, Esq. will explore all possible avenues to protect your rights, including:

  • Challenging the Stop: Was the initial traffic stop lawful? Did the officer have reasonable suspicion to pull you over?
  • Challenging the Arrest: Was there probable cause to arrest you for DUI? Were field sobriety tests administered correctly?
  • Challenging the Breathalyzer: Was the breathalyzer test administered properly? Was the machine calibrated correctly? Were there any factors that could have affected the results (medical conditions, mouth alcohol)?
  • Rising Blood Alcohol Defense: If your BAC was rising at the time of the test, it might have been below the legal limit while you were driving.
  • Lack of Impairment: Even with a BAC above the limit, you might be able to argue that you were not actually impaired and were capable of safely operating a vehicle.

FAQs about DUI Charges in New Jersey after S-3011/A-4800

  • Does this law apply to all DUI offenses?

    • No, it primarily applies to first-time DUI offenders with a BAC below 0.15%.

  • Can I still face license suspension even if I install an IID?

    • Yes, the court still has the discretion to impose a license suspension, even if you voluntarily install an IID.

  • How long do I have to install an IID after my arrest?

    • The law doesn’t specify a timeframe, but it’s generally advisable to install it as soon as possible to demonstrate your commitment to responsible driving.

  • How much does an IID cost?

    • Costs vary depending on the provider and the length of time it’s required.

  • Can I refuse an IID installation?

    • Yes, you can refuse, but you will then face the standard penalties for a DUI, including license suspension and fines.

  • Should I hire a lawyer even if I plan to install an IID?

    • Yes, it’s still crucial to consult with an attorney. An attorney can advise you on your options, negotiate with the court, and ensure your rights are protected.

Why Choose Brett M. Rosen, Esq. for Your DUI Case?

Navigating DUI charges in New Jersey requires an experienced and knowledgeable attorney. Brett M. Rosen, Esq. is a dedicated DUI defense lawyer who will:

  • Thoroughly analyze your case and explain the implications of S-3011/A-4800.
  • Explore all possible defenses and challenge the evidence against you.
  • Advise you on the IID option and negotiate with the court for the best possible outcome.
  • Protect your rights and driving privileges.
  • Provide skilled and aggressive representation in court.

If you are facing a DUI charge in New Jersey, contact Brett M. Rosen, Esq. today for a free consultation. He is available 24/7 to discuss your case and provide expert legal guidance. 908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This information is for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific legal situation.

Mr. Rosen was relentless during the initial negotiation with the prosecutor. My case was not complex, just a simple careless driving ticket. Although, Mr. Rosen provided a video showing that I was not at fault. The prosecutor was unyielding with his decision to not dismiss the ticket. I began to weep because pleading guilty to the ticket would risk me losing my job. A case that seemed so simple was beginning to feel like an insurmountable obstacle. However, Mr. Rosen assured me that he would do everything he could to win the case and get the ticket dismissed. Four months later that’s exactly what he did. The ticket was dismissed and the anxiety was worth it for me in the end. I am very pleased with his desire to make me a completely satisfied client.
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