Will you have to install an ignition interlock device if you are convicted of a New Jersey DWI?

Under the new DWI law that went into effect in December of 2019, an ignition interlock device is now mandated as a DWI penalty in pretty much every sentence, whether 1st, 2nd or third offense, the length of time that you need to have can vary, and whether one can drive once installed is also a variable which will depend on the person’s record, (whether this is a first, 2nd or third offense) as well as their blood alcohol content (whether it is below .15 or above .14, or involves drugs or whether there’s a refusal). So there are factors that can impact whether one can drive with it and for how long one will have to have it installed. There’s also a provision for those individuals who do not own a motor vehicle. Those people can have a prompt license suspension rather than an ignition interlock in most circumstances. So the law is definitely better than it was before 2019 from New Jersey drivers, but it’s still really complicated. It is important to understand your exposure which is based on so many factors that can impact it. For those reasons, you should definitely speak to a New Jersey DWI lawyer as soon as possible.

Ignition Interlock Devices in New Jersey

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An ignition interlock device is mounted on the dashboard in front of the passenger seat. It is connected to the car’s ignition system and designed to prevent the vehicle from starting if alcohol is detected on the driver’s breath. Before starting the engine, the driver must blow into the device and provide a breath sample. While the engine is running, the device will intermittently prompt the driver to submit additional breath samples to verify that there is no alcohol in the driver’s system.

Every motor vehicle owned, operated, or leased by a DUI offender in New Jersey must have an ignition interlock device installed until the court-ordered license suspension period expires. Upon being sentenced to install an ignition interlock device, the offender receives a suspension notice from the Motor Vehicle Commission containing instructions for obtaining the device.

The ignition interlock device must remain functional in the offender’s vehicle during and after the license suspension period, which is a minimum of six months to one year for a first DWI conviction and a minimum of one to three years for subsequent convictions. If the convicted person wishes to remove the device from their vehicle, they must surrender their driver’s license.

Operating any vehicle that does not have an ignition interlock device before the indicated period is over is prohibited under New Jersey’s DWI law. Failure to comply with the rules may result in the offender’s driver’s license being suspended for one year and other penalties as applicable by law.

At The Kugel Law Firm, our skilled New Jersey DWI attorneys, led by top-rated DWI attorney Rachel Kugel, can assist you if you have been ordered to install an IID device as part of your conviction. Our attorneys have the experience and knowledge needed to walk you through your rights and responsibilities and advocate for your best interests. To learn more about how we can help, contact us today at (973) 854-0098 to schedule a consultation.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/will-you-have-to-install-an-ignition-interlock-device-if-you-are-convicted-of-a-new-jersey-dwi/

Can I refuse to take a portable breath screening test in New Jersey?

A portable breath screening test is very different from the chemical test that you’re given at a police station after arrest. and it’s typically something that the officer carries with them and is given or offered at the roadside, as opposed to at a police station later. It’s a different type of chemical test that’s not covered by the refusal statute, so you can choose to refuse that test without any additional penalties.

If you have been pulled over and offered a portable breath screening test, a DUI lawyer can help you determine whether it’s in your best interest to refuse or take the breathalyzer test. At The Kugel Law Firm, our team of New Jersey DUI attorneys may be able to help you analyze the circumstances of your arrest and investigate any potential issues with the test or arrest procedure. This includes determining if the officer had probable cause to stop you and if the test was administered accurately. Call us at (973) 854-0098 to schedule a consultation.

Difference Between Portable Breath Tests and Standardized Field Sobriety Tests In New Jersey

In New Jersey, there are two commonly used methods for determining whether a driver is under the influence of alcohol without a chemical test: Portable Breath Tests (PBTs) and Standardized Field Sobriety Tests (SFSTs). While both tests measure a driver’s level of intoxication, they are administered differently and serve different purposes. Knowing the differences between these two tests is critical when it comes to understanding penalties for DUI charges.

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Portable Breath Test

In New Jersey, police officers employ the use of a Portable Breath Test (PBT) to obtain a reading indicating the level of intoxication of a suspected drunk driver. However, the results obtained from PBTs cannot be used as evidence of intoxication in court trials. This is due to the fact that admitting PBTs as evidence have not been discussed in  a Frye hearing, which is a judicial proceeding where a judge determines whether a particular “scientific” evidence is generally accepted in the scientific community.

Because of this limitation, law enforcement officials seldom disclose PBT readings in their reports as evidence. Instead, they use the results as a guide to determine whether an individual should be charged with driving under the influence (DUI), particularly in situations where the suspect’s impairment appears to be borderline.

Standardized Field Sobriety Tests

The National Highway Traffic and Safety Administration (NHTSA) endorses the Standardized Field Sobriety Tests (SFSTs), which are administered by police officers to measure impairment and correlate to a blood alcohol concentration (BAC) of over .08%. The SFST consists of three parts: the horizontal gaze nystagmus, the one-leg stand, and the walk-and-turn. 

To ensure reliability, it’s crucial to understand that the components of the SFST must be administered consistently according to prescribed instructions. Trained officers are taught to identify specific indicators when evaluating a person’s test performance, and the tests themselves do not have a strict pass/fail outcome but rather “decision points” to assist officers in determining satisfactory performance. Refusing to take the SFSTs is not mandatory, much like the PBT, but a judge may interpret refusal as a sign of guilt.

Whether or not you accept to take a portable breath screening test during your traffic stop, an experienced New Jersey DUI attorney can assist you in building a tailored legal defense strategy against your charges. At The Kugel Law Firm, our DUI attorneys have dedicated their practice to providing quality legal counsel and representation to New Jersey residents charged with impaired driving offenses. Contact us today at (973) 854-0098 to schedule a free consultation.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/can-i-refuse-to-take-a-portable-breath-screening-test-in-new-jersey/