An Update on New Jersey DUI Laws

New Jersey continues to tighten DUI laws in the past few months. On Friday, November 1, 2013, new laws took effect that increase the penalties for repeat drunk driving offenders. Drivers convicted of a DUI related offense will now have Ignition Interlock Devices on their vehicles for a minimum of one year, up from the former minimum of six months. An ignition interlock device is a new mechanism containing a portable breathalyzer that is fitting onto a car's dashboard. Drivers whose vehicles have been outfitted with the device are not able to start their car without first giving a breath sample. At random times the driver is tested while driving to ensure that the driver is not intoxicated.

There Are Three New DUI Bills Pending In New York State Legislature

The New York State legislature is currently considering three new bills concerning driving while impaired. If passed, the three new bills will once again increase the penalties associated with DUIs. These bills are part of what has become a trend of harsher penalties and longer sentences for those convicted of DUI.

The first bill concerns offenders with multiple DUI convictions. The main purpose of the bill is to increase the severity of the charges that multiple DUI offenders will face. In this case, offenders with three previous DUI convictions who are involved a fatal crash can now be charged with vehicular homicide, a step up from the standard charge of vehicle manslaughter. Offenders charged with vehicular homicide can face up to 25 years in prison.

The second bill involves leaving the scene of an accident which is currently a felony whenever human injury or death is involved. A common defense for impaired drivers who left the scene of the accident is that they were too intoxicated to realize that they left. The New York legislature is now attempting to remove an offender's ability to use that defense.

The third bill aims to legally redefine "intoxication." Legally, when the word intoxication is used, it applies to being impaired by alcohol. The New York State legislature now wants to broaden that definition so that any substance that causes an impairment on someone's ability to drive. If passed, this bill would widely expand the criteria of what a DUI is. For example, drivers who are impaired by prescription pain medication could be charged with a DUI.

These new bills do not simply increase the penalties associated with DUI, but increase the need for offenders to have an attorney. A good attorney is essential to the outcome of your DUI case. Don't let a DUI conviction change your life forever.

For assistance with a DUI, you can contact my office at 718-313-7563.

- Kevin P. McKernan

What to Do When You Get a DUI

In my experience, the typical DUI client is an average person who made a mistake and now is facing enormous consequences which will affect their ability to get jobs, pay their bills, and even keep their freedom. Defending a DUI client, especially in New York and New Jersey, involves a very particular type of law since in these cases the prosecutors usually already have substantial physical evidence such as blood and urine results. For most clients, the majority of our defense will come down to pinpointing discrepancies and/or outright mistakes law enforcement made during your arrest. This involves meticulous review of your case - every detail counts in a DUI case.

Many peoples' first instinct is to consult their family or local attorney when they get a DUI. These attorneys do not often deal with DUI cases and all too often will look at the surface of the case and then advise their client to take a plea. Unfortunately, many clients do not realize that taking a plea in a DUI case has long term and serious consequences. When you plea to a DUI, you are admitting guilt and you will now have a (possibly felony) criminal record for the rest of your life. This means you will now be required to check "yes" when asked if you have ever been convicted of a crime on both job and college applications, may get your driving privileges suspended or even revoked, and your car insurance will undoubtedly be higher.

The best thing you can do if you are arrested for a DUI is hire a Criminal Defense lawyer. The more experienced your attorney is in DUI cases, the better off you will be. When looking for an attorney, remember that a DUI case is one where close and meticulous attention to detail is needed, so this is an attribute you should be looking for in your attorney. Another important thing to remember is that a skilled attorney often can make a real difference in the outcome of your case, so don't panic! Remember, in a DUI case, the surface facts of the case like your breathalyzer results are just the beginning. A good attorney will be able to build a solid defense from these facts.

If you or a loved one has been arrested on a DUI, feel free to contact my office at (718) 317 - 5007.

- Kevin McKernan

Amendment to the NYS Ignition Interlock Device Law

Recently, some new amendments to New York State Ignition Interlock Device Law were signed into law. The amendments change several key points of the procedure:

1. It is now a class E felony to drive while intoxicated on a conditional license. You will be charged with first degree aggravated unlicensed operation of a motor vehicle.
2. Youthful (under 18) DUI offenders will now be treated just like their adult counterparts. Before the amendment, it was not mandated that youth offenders get an ignition interlock device installed like it was for adult offenders.
3. The minimum period that an interlock ignition device will be installed was increased to one year. Before the amendment, the minimum was only 6 months.
4. The period of time that the interlock is on now begins from the date of sentencing, or the date that the device was installed if it was done in advance. Prior to the amendment, no “time served” was credited if the interlock was put on before sentencing.
5. In order to avoid the installation of the interlock device, an offender must swear under oath that they do not own a vehicle.

New Jersey DWI Legislation Mandates More Ignition Locks!

New Jersey has recently seen a few pieces of legislation that push for the installation of more Ignition Interlock Devices in the vehicles of DWI offenders. An Ignition Interlock Device is an increasingly popular piece of technology that, once installed, forces potential drivers to take a Breath Alcohol Analysis test before their vehicle's engine is able to start. 

Previously, New Jersey law mandated a three to seven month license suspension for first time offenders. Now, the NJ Legislature is considering a bill that would allow DWI offenders to avoid the license suspension penalty by mandating that all drivers convicted of DWI allow their vehicles to be fitted with the Ignition Lock device. 

If the legislation is passed, it will have a big impact in the way DWI cases are handled in New Jersey. One of the most far-reaching consequences of a DUI conviction is license suspension, which often prevents offenders from getting to work or school and thousands of dollars in fines, insurance premiums and commuting costs. Advocates of the bill assert that it will shift the focus of New Jersey DWI policy to prevention instead of simply punishing first time offenders. 

If you or a loved one is facing a DWI in New Jersey, it is important you contact an experienced attorney as soon as possible. An attorney who is familiar with these recent shifts in legislature is invaluable in cases such as these.

Updates to Leandra's Law Makes Driving Intoxicated with a Conditional License a Felony

Today I wanted to let you know about a new and very important change in New York State Law amending the law currently known as "Leandra's Law" or the Child Passenger Protection Act.

As you should be aware, Leandra's Law imposed strict penalties on the operation of a vehicle with children in the car while intoxicated. It mandated that an ignition interlock device, or IID, be installed in the vehicle of anyone convicted of driving while intoxicated. Furthermore, if a person is convicted under the law, they will be reported to The Statewide Central Registry of Child Abuse and Mistreatment.

Recently, Governor Cuomo signed legislation to make Leandra's Law even tougher. The new law makes it a class "E" felony to drive intoxicated on a conditional license rather than just a traffic infraction, which is not a crime. Driving while intoxicated with a revoked license will remain a felony.

The law also limits the circumstances when Court can waive the installation of the IID. Now the installation can only be waived when the person swears under oath they are not the owner of any motor vehicle and will not drive during the period of the interlock restriction. If the person lies under oath, it is considered perjury, which is a felony.

Obviously, every driver should drive safely and responsibly, but contact an experienced DUI attorney in the event that you are charged with a DWI or any traffic offense.

Kevin P. McKernan is a member of the National College of DWI Attorneys. 

Common DWI/DUI Defenses

I recently received a NHTSA packet titled “Challenges and Defenses II: Claims and Responses to Common Challenges and Defenses in Driving While Impaired Cases”. I thought it would be useful to share this information to those who are or have a loved one who is facing driving while impaired charges.

VTL 516: How Your Driving Violations Will Affect You

It is important for all drivers to be aware of the vehicle and traffic laws in their state. If you live in New York or New Jersey, you should be informed about VTL 516, which is commonly known as the "Driver License Compact".

VTL 516 states that because "the safety of streets and highway is materially affected by a driver's degree of compliance with state driving ordinances and that violation of those laws by a driver is evidence that the driver regularly engages in unsafe behavior while operating a motor vehicle", states in agreement with the VTL 516 Compact will report driving convictions that occur in other states to the driving authority of the person's home state. For example, if a New York driver is convicted of a DUI in New Jersey, it will affect his license at home in New York just as if it had occurred in New York.

Other convictions that are mandatory to report in VTL 516 States include manslaughter or negligent homicide, DWI, any felony in the commission of which a motor vehicle is used, and failure to stop and render aid in the event of a motor vehicle accident which results in the death of personal injury of another.

What You Should Know About Drugs and DUIs

When people are accused of a "DUI", most people's minds automatically go to "drinking while driving". However, just because alcohol related DUI's are more commonly seen in the media, doesn't mean drug related DUI's aren't just as common and dangerous. In fact, a study by the Substance Abuse and Mental Health Services Administration found that over ten million Americans drove while under the influence of drugs in 2010.

If an officer believes that you are impaired enough to be a danger on the roads, you can and will get charged with a DUI no matter what the substance you have consumed is. But although the charge is the same, there are some differences in drug and alcohol based DUI cases.

My Experience at the National College of DUI Defense - Summer Session 2013

Hello everybody!

I've been away from the office all week since I was lucky enough to be able to travel to Cambridge, Massachusetts, to attend the 2013 Summer Session of the National College of DUI Defense.

There I got to participate in several events, which I'm going to list below:


• The Cross Examination: The Lawyers Opportunity to Testify
• Cross Demo of the Arresting Officer
• Preparing for Hearings & Trials: Approaches, Organization & Tools
• Lawyer Ethics and the Code of the West: Lessons Learned Over the Last 40 Years
• Presenting Your Expert
• A Closing for Every Case
• Changing the Jury’s Presumption
• Reflections on Forty Years of Forensic Alcohol and Drug Research
• Creative Opening Statements: Getting to Not Guilty Right Out of the Gate

Events like the Summer Session at the NCDD are a great opportunity since they allow Criminal Defense lawyers to really hone their skills, refresh their knowledge, and get updated on any new laws or regulations that could affect their cases. When selecting a lawyer to represent you, I believe its important to choose one who understands that law is not a static profession but one that continually evolves and improves. I place a lot of importance on keeping up to speed on my profession and I was happy I had the time to do just that up in Massachusetts!

If you are interested in learning more about DUI/DWI, click here to learn about your rights at DUI Checkpoint or here to learn about recent DMV Regulations that can affect you.

- Kevin McKernan

Your Rights While Driving Through a DUI Checkpoint

DUI Checkpoints have becoming increasingly common all over the country. DUI Checkpoints are stop points set up by the police, usually on a busy highway, in order to stop drivers passing through and check for drunk drivers and traffic violations.

If you are driving and encounter a DUI Checkpoint, the first step you should take is to have a good look at your surroundings. DUI Checkpoints should have clear signs that warn drivers that a checkpoint will be ahead. The checkpoint should be, but isn't always, strategically placed so that drivers have an alternative route to choose if they do not wish to participate in the checkpoint. Remember, you are under no obligation to go through the checkpoint. As long as you do not commit any traffic violations in avoiding the checkpoint or otherwise exhibit signs of being intoxicated, the police should not stop you.

New DMV Regulations That Can Affect Your Life!

          I recently had the opportunity to attend a NYS seminar concerning New York’s new DUI and DMV (Department of Motor Vehicles) legislation. Regulations concerning Alcohol and Drugged Driving Related Offenses change all the time and these cases tend to be some of the most emotionally-charged and stressful in the entire legal system. Therefore it is vital that you contact an experienced attorney as soon as possible if you have been charged with one of these offenses.      

         At the conference, I was apprised that as of September 25, 2012, the DMV has begun enforcing new and even more stringent regulations concerning impaired driving.

            The NYS DMV website lists these new regulations as follows: