DWI Law and Legislation

July 6, 2009

Plainfield Refusal Case Could Affect New Jeresy DWI Breathtest Instructions for Non-English Speakers

Recent comments by a New Jersey appeals court could shift the thinking behind English-only instructions provided by state and local police during DWI stops. As a New Jersey drunk driving defense lawyer, I have represented my share of non-native-English-speaking clients over the years, and I can tell you that many of these people are at a disadvantage when it comes to DWI enforcement.

The case in question stemmed from a driving while intoxicated arrest that occurred following a September 2007 traffic accident in Plainfield, N.J. A Hispanic man, German Marquez, had his license suspended for seven months after he apparently refused to submit to a breathalyzer test. According to court records, Marquez declined to take a breath test because he didn’t understand the 11-paragraph statement that a police officer read to him in English. After the statement was read out loud, the man responded, “No entiendo,” which means “I don’t understand” in Spanish.

The appeals court upheld the license suspension. In issuing its decision, the court stated that Marquez was made aware of the rules involving breath testing when he took the driver’s license exam in Spanish. It also reminded that the driving manual, written in Spanish, makes it clear that anyone who agrees to be licensed to drive in New Jersey is also giving advanced consent to a breath test.

June 11, 2009

New Jersey Drunk Driving Legislation Calls for Mandatory Ignition Interlocks for DWI Offenders

by Jonathan F. Marshall

Future convictions for driving under the influence of alcohol could result in the offender’s vehicle being fitted with a type of breathalyzer-ignition interlock device if drunk driving legislation in Trenton continues to move foward. The specter of ignition interlocks for nearly all DWI offenses has been raised this time with the help of three New Jersey assemblymen, Gordon Johnson, Nelson Albano and Patrick Diegnan.

Under the proposed legislation (A-3073), any person convicted of a second, third or subsequent DWI offense would be required to have an ignition interlock device installed on all vehicles they either lease or own, or any vehicle that the person would operate for work, or other purposes, during their driver’s license suspension period.

Even first offenders would be affected. If a person convicted of a first-time DWI had a blood alcohol content (BAC) of 0.15 percent or higher, the law would require the offender to have the device installed on his or her vehicle. In addition, the current legislation calls for the device to remain installed for six to 12 months following restoration of the individual’s driver’s license. The courts would retain discretion as provided under current law to require installation of the device for all other first offenders.

May 31, 2009

New Jersey DWI News: Idling While Drunk not Necessarily a Chargeable Offense

by Jonathan F. Marshall

Anyone who has read about drunk driving police stops will certainly be familiar with typical stories of New Jersey residents arrested for being intoxicated while sitting in their parked vehicles. Well, DWI stories like these may become history if a recent New Jersey appeals court decision is any indication.

The ruling, which came down on Tuesday, May 26, essentially said that being drunk in the driver’s seat of your parked car, even if the engine is running and the parking brake is disengaged, cannot be grounds in and of itself for a DWI conviction — there must be proof of intention to drive.

In this case, being asleep was the key to the defense’s argument. According to the New Jersey Law Journal, in State v. Putz, the Appellate Division said the trial court ignored credible evidence that the defendant, Joshua Putz, a Phillipsburg resident who was found asleep in his idling pick-up truck after midnight by a Lopatcong Township police officer, had no intent to move the vehicle prior to falling asleep.

May 27, 2009

Tougher New Jersey Drunk Driving Laws Pushed for by State Senate

by Jonathan F. Marshall

Repeat drunk driving offenders may face greater fines and jail time if New Jersey State Senate President Richard Codey gets his way. Intoxicated drivers accounted for nearly 30 percent of New Jersey’s fatal car crashes in 2007, according to State Police records, and this statistic is one of the driving forces behind the latest initiative.

Being a New Jersey DWI and DUI defense lawyer, I am familiar with the lack of teeth in some parts of DWI law. This bold legislation calls for increasing fines and extending or adding jail time for certain drunk driving offenses, all of which could go a long way toward reducing DWI-related traffic deaths and injuries. Hopefully, this will be a benefit to everyone traveling on New Jersey roadways and not result in added harassment of law abiding citizens.

Motivated by a recent DWI injury accident, Senate President Codey is mainly targeting motorists who repeatedly drive drunk, and has proposed mandatory jail time for some offenders. A package of several bills, scheduled to be introduced in June, would increase penalties for a variety of drunk driving offenses.

May 7, 2009

Costs of Driving Drunk in New Jersey

by Jonathan F. Marshall

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI attorney, my office has represented hundreds of drunk driving cases — many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person’s standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

May 6, 2009

Drinking and Driving in New Jersey: Consequences of Underage DWI

by Jonathan F. Marshall

New Jersey law regarding underage drinking and driving is quite specific. Because you must 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. And the consequences for underage drinking are severe under New Jersey law, especially as it pertains to operating a vehicle while intoxicated. But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future.

For example, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver’s license for up to six months. Parents take note, even if your child does not yet have a driver’s license, that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system — that is, a blood-alcohol content of 0.01 or more — will be subject to the following penalties under New Jersey law: