P.L. 2009, c.201 (A-3073) - “Ricci’s Law;” Revises ignition interlock device
requirements for certain drunk driving offenses
On January 14, 2010, Governor Corzine signed A-3073 into law as P.L. 2009, c.201. The
new law took effect on January 14, 2010.
The State's driving while intoxicated law, N.J.S.A.39:4-50, and ignition interlock law,
N.J.S.A. 39:4-50.16 et seq., establish the requirements regarding the use of ignition interlock devices
for drunk driving offenses. Prior to the enactment of P.L. 2009, c.201, those laws provided that the
court may order persons convicted of a first drunk driving offense to install an ignition interlock
device for a period of six months to one year commencing immediately after the expiration of the
period of license suspension. For persons convicted of a second drunk driving offense, the law
required the court to order the installation of an interlock device upon restoration of their driver’s
license or, alternatively, to revoke their registration certificate and plates for two years. For third and
subsequent convictions, the court was required to order the installation of the device or to revoke the
offender’s registration certificate and plates for 10 years. For second and subsequent convictions, the
device was required to be installed for not less than one year or more than three years,
commencing immediately upon the return of the offender's driver's license. In all cases, the
interlock devices were required to be installed on every vehicle “owned, leased or regularly
operated” by the offender.
The new law amends N.J.S.A.39:4-50 to remove the court’s authority to revoke an offender’s
registration certificate and plates in lieu of ordering the installation of an ignition interlock device
for second and subsequent convictions. Under the new law, the court must order the installation of
an interlock device for persons convicted of a second or subsequent driving while intoxicated
offense.
As summarized below, the new law amends N.J.S.A. 39:4-50.17 to expand the use of ignition
interlock devices for DWI and Refusal to Submit to Chemical Test offenses as well as to revise
device installation requirements.
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Interlock Requirement Remains Discretionary on First DWI Conviction – As under
current law, the court “may” order the installation of an interlock device for a first
conviction of DWI, with the exception of high-BAC cases where the device is
required (see below). The requirements of the installation remain the same as in the
current law, except that the interlock device is now required to be installed only on
the motor vehicle “principally operated” by the offender (see below).
Interlock Required for First DWI Conviction involving High-BAC - If a first
offender’s blood alcohol concentration is 0.15 % or higher, the court must order the
installation of an ignition interlock device during the period of license suspension
and for not less than six months or more than one year following the expiration of
the period of license suspension, commencing upon the return of the offender’s
driver’s license.
Interlock Required for First Refusal Conviction - For a first conviction of N.J.S.A.
39:4-50.4a (Refusal to Submit to a Chemical Test) the court must order that an
ignition interlock device be installed during the period of license suspension and for
not less than six months or more than one year following the expiration of the
period of license suspension, commencing upon the return of the offender’s driver’s
license.
Interlock Required for Repeat DWI and Refusal Convictions – For a second or
subsequent conviction of DWI or Refusal, the court must order the installation of an
interlock device during the period of license suspension and for not less than one
year or more than three years following the expiration of the period of license
suspension imposed, commencing immediately upon the return of the offender's
driver's license.
Installation Limited to Principally Owned Vehicle - For all DWI convictions, the
interlock device is now required to be installed only on the motor vehicle
“principally operated” by the offender, rather than in all vehicles “owned, leased or
regularly operated” by the offender as required in the former law.
Applicability of Interlock Requirements – The law clarifies that the ignition
interlock requirements of N.J.S.A.39:4-50.16 et seq. are only applicable to
violations of N.J.S.A.39:4-50 and N.J.S.A. 39:4-50.4a.
The new law clarifies that the disorderly persons offense established under subsection b.
of N.J.S.A. 39:4-50.19 for unlawfully blowing into an interlock device; tampering with a device;
or renting, leasing or lending another vehicle to a person who is subject to an interlock device
requirement is not applicable if the vehicle is started by a person for the purpose of safety or
mechanical repair of the interlock device or the vehicle, provided that the person subject to the
court order does not operate the vehicle.
Consistent with the removal of the registration revocation option in N.J.S.A.39:4-50, the new
law deletes paragraph (3) of subsection a. of N.J.S.A. 39:3-40.1 to remove the authority of the Chief
Administrator of the Motor Vehicle Commission to revoke a vehicle registration for a second or
subsequent conviction of DWI if ordered by the court. The law also amends N.J.S.A. 39:3-40a to
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mandate the interlock device installation requirement for refusal convictions as required by the
amendments to N.J.S.A. 39:4-50.17.
Finally, the new law establishes a schedule of reduced fees for certain low-income offenders
who are required to install an interlock device. The schedule is based a comparison of the offender’s
family income to the federal poverty level.
Source: http://www.judiciary.state.nj.us/legis/201.pdf
