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.
Judges will also have the power to demand those convicted of DWI to get the Ignition Interlock Device installed in their vehicle before they are actually sentenced. Those who not comply or are found driving while intoxicated again before their sentencing can have this used against them during sentencing.
Another interesting effect of the new law is that it closed up loopholes that allowed some drivers convicted of a DUI to avoid being fitted with an ignition interlock device. Ignition Interlock Devices have been shown to prevent repeat offenses. Unfortunately, some people convicted of DUI related offenses try to avoid being fitted with the Ignition Interlock Device by claiming they do not own a vehicle and even transfer ownership to their car. The new law forces drivers to swear under oath that they do not not own a vehicle and will not drive one before they can be excused from the Ignition Interlock Device requirement, thus allowing the State to prosecute offenders for perjury if they are found to be lying.
- Kevin McKernan
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