Former Traffic Court Judge Serving New York and New Jersey

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IID after DWI could maintain driving privileges in New Jersey

New York City residents may frequently drive in both New York and New Jersey, making the need to be aware of each state’s traffic laws important. While many laws and penalties may be common between the two states, there are still others that vary greatly. When person will face a suspended license, for example, is one such consequence that can vary, especially when concerning drunk driving convictions.

Currently, in New Jersey, if a driver is convicted of his or her first DWI, that person’s driver’s license will be suspended for a period of three months. This period of a suspended license is a mandatory penalty under the department of motor vehicles and state law. However, there is a call to change this and allow for judges to have more discretion over such a decision. One proposal includes letting convicted drivers retain their driving privileges if they agree to install and utilize an ignition interlock device.

The current New Jersey law only requires an ignition interlock device for first-time offenders if the blood alcohol content was over 0.15 percent at the time of arrest. For repeat offenders, an ignition interlock device is required regardless of the blood alcohol content. It is not clear if or when the new law may take effect if it is to become adopted.

If you have been arrested for driving under the influence in either New York or New Jersey, it can be important to understand the consequences, such as an IID, points on your license or more. You may also find it helpful to discuss your case with an attorney.

Source: CBS New York, “NJ DWI Offenders Could Avoid License Suspension Under New Bill,” January 2, 2014

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