Recent Changes to The NJ DWI Laws
There
have been significant changes to New Jersey DWI Law in 2004. The per se
limit has been lowered, and penalties have been increased as follows:
1. LOWERED “PER SE” LIMIT.
One
of the most significant changes to New Jersey DWI law was the lowering
of the “per se” limit from .10% to .08% on January 20, 2004. “The
January 20, 2004 amendments now make it illegal to operate a motor
vehicle with a blood alcohol concentration of .08%. The changes, known
as “Florence’s Law” were enacted in response to Federal Law that
hinges State’s receipt of highway to their reduction of their per se
limit(s) to .08%.
The
changes create new tiers of prohibited conduct and penalties. A person
convicted for a first offense of driving with a blood alcohol
concentration of .08% and under .10% OR driving while “under the
influence” (i.e. shown to be intoxicated by the observations made of
him) is now subject to a three month license loss and other penalties.
2. INCREASED LICENSE LOSS.
When
they lowered the limit, the Legislature increased the loss of license
for first offenders whose blood alcohol concentration is over .10%. or
who are found guilty of driving while under the influence of drugs. Now,
the minimum period of license loss is seven months - up from six months.
The maximum period of license loss was not changed - one-year.
3. HARSHER SENTENCING FOR THIRD OFFENDERS.
The
Legislature significantly changes the way that Third-Offenders are
sentenced with amendments known as “Michael’s Law.” Before the
amendment(s), a third-dwi-offender (or more) was subject to a 180-day
jail sentence. That sentence could, however, be structured to avoid jail
by 90 days of community service and the balance (the other 90) being
served in an in-patient/out-patient rehabilitation program.
There
remains a 180-day jail sentence for a third or greater offender.
However, the 90-day community service option has been eliminated from
the law. A third-offender can still decrease the jail sentence by 90
days with an IDRC “approved” in-patient rehabilitation center.
However, the balance of the sentence (90 days) must be served in jail.
4. INCREASED PENALTIES FOR REFUSAL TO SUBMIT.
On
April 26, 2004, the Legislature increased the period of license
revocation for a first offender who refuses to provide breath samples.
Now, the mandatory license revocation for a convicted first offender is
between seven months to one-year (increased from 6 months).
Call
on New Jersey
DWI lawyer, Greggory M. Marootian when you need
experienced
professionals to give you the facts, and restore your integrity.
|
