(PRWEB) April 09, 2013
Out-of-state drivers who are convicted of a first DWI offense in New Jersey with a breath reading of 0.15% or higher will now need to install an ignition interlock breath test device in their vehicle. This new law is enforced for first offenders in New Jersey. The change on ignition interlock is one of many new considerations that an out-of-state driver must understand prior to resolving a New Jersey DWI case, said New Jersey DWI Lawyer Evan Levow.
In January 2010, the state of New Jersey toughened the penalties for DUI by passing Ricci's Law. This law made the installation of an ignition interlock device mandatory for first-time offenders convicted of a drunk driving offense with a Blood Alcohol Content (BAC) of 0.15% or more, and for individuals convicted of a second or greater DWI in New Jersey. The law also applies to Refusal convictions and made no exceptions for out-of-state drivers.
The ignition interlock device acts as a car breathalyzer. It is electronically attached to the vehicle’s ignition. A person must blow into the device before the vehicle’s engine will start. If the ignition interlock detects a BAC of more than 0.05% the engine will not start. The device will also ask for additional breath samples while the car is being driven, ensuring that the driver is not drinking while driving.
If an out-of-state licensed driver convicted of DWI in New Jersey intends to drive an out-of-state vehicle in New Jersey during the mandated interlock period, an ignition interlock device needs to be installed.
“A person must understand not only the consequences that would result from a New Jersey DWI conviction and the penalties imposed in New Jersey, but he or she must also know how their home state will treat the conviction,” said Levow.
New Jersey will notify all 49 other states of a DUI or DWI conviction within its borders. However, the state cannot force the convicted driver’s home state to require that an ignition interlock device be installed on an out-of-state vehicle not operated in New Jersey. Only some home states will accept the New Jersey ignition interlock requirement and will require the installation of the interlock.
“The home state will, in most cases, impose a separate suspension in addition to New Jersey’s suspension, or will honor the length of New Jersey’s suspension in the home state,” said Levow.
An experienced New Jersey DWI lawyer will use skill and strategy to fight for the accused motorist’s rights and minimize the consequences for out-of-state drivers. People arrested for a DWI in New Jersey need experienced legal representation from a qualified DWI defense lawyer who understands all the complexities and nuances of NJ DUI law. Please contact Levow & Associates for a free consultation to discuss your case.
About Evan Levow and Levow & Associates, P.A.
New Jersey DWI Lawyer Evan Levow is the senior and managing partner of Levow & Associates and a nationally recognized DWI attorney. He has been referred to as the DWI Attorneys’ Attorney, because he is frequently sought out by other attorneys for DWI defense strategies. Levow lectures to attorneys, judges and law enforcement throughout the country on theories of DWI defense and prosecution.
Evan Levow represented the lead defendant in the most important DWI case in New Jersey history, State v. Chun. Mr. Levow was recognized by the National College for DUI Defense for the role he played in shaping DWI defense in NJ and nationwide..
Evan Levow uses his unique knowledge of field sobriety testing and breath-testing machines to help defend his clients. He is 1 of only 5 attorneys in the state to be qualified by the National Highway Traffic Safety Administration (NHTSA) as an instructor in standardized field sobriety testing. Levow’s practice is 100% dedicated to DWI defense. He can be contacted at:
Levow & Associates, P.A.
Cherry Hill Plaza, Suite 200
1415 Route 70 East
Cherry Hill, NJ 08034
Phone: 877-735-2288 | (856) 428-5055