39:4-50.17 Sentencing drunk driving offenders; use of ignition interlock device required.

2. a. (1) Except as provided in paragraph (2) of this subsection, (a) in sentencing a first offender under subparagraph (i) of paragraph (1) of subsection (a) of R.S.39:4-50, whose blood alcohol concentration was at least 0.08% but less than 0.10%, or who was otherwise under the influence of intoxicating liquor, the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, which shall remain installed for three months.

(b) In sentencing a first offender under subparagraph (ii) of paragraph (1) of subsection (a) of R.S.39:4-50 whose blood alcohol concentration was 0.10% or higher, but less than 0.15%, the court shall order, in addition to any other penalty imposed, the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, which shall remain installed for not less than seven months or more than one year.

(2) If the first offender's blood alcohol concentration is 0.15% or higher, or the offender violated section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, during and following the expiration of the period of license forfeiture imposed under those sections. In addition to installation during the period of license suspension, the device shall remain installed for not less than nine months or more than 15 months, commencing immediately upon installation of the device and the return of the offender's driver's license pursuant to section 3 of P.L.1999, c.417 (C.39:4-50.18) after the required period of forfeiture has been served.

b. In sentencing a second or subsequent offender under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in the motor vehicle principally operated by the offender during and following the expiration of the period of license forfeiture imposed under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). In addition to installation during the period of license forfeiture, the device shall remain installed for not less than two years or more than four years, commencing immediately upon installation of the device and the return of the offender's driver's license pursuant to section 3 of P.L.1999, c.417 (C.39:4-50.18) after the required period of forfeiture has been served.

c. The court shall require that, for the duration of its order, an offender shall not drive any vehicle other than one in which an ignition interlock device has been installed pursuant to the order.

The offender shall provide to the court information identifying the motor vehicle on which the ignition interlock is to be installed, and any other information deemed relevant by the court, including, but not limited to, the offender's complete name, address, date of birth, eye color, and gender. An offender who does not own, lease, or operate a motor vehicle shall attest to this to the court. A violation of this provision shall constitute perjury pursuant to N.J.S.2C:28-1. An offender immediately shall notify the court of the purchase, lease, or access to operation of a motor vehicle and install an ignition interlock device in the vehicle.

The driver's license of an offender who attests to not owning, leasing, or operating a motor vehicle shall be forfeited for the ignition interlock installation period required pursuant to subsections a. and b. of this section.

d. As used in P.L.1999, c.417 (C.39:4-50.16 et al.), "ignition interlock device" or "device" means a blood alcohol equivalence measuring device which will prevent a motor vehicle from starting if the operator's blood alcohol concentration exceeds a predetermined level when the operator blows into the device.

e. The provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) and any amendments and supplements thereto shall be applicable only to violations of R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a).

f. A person who does not possess a valid driver's license issued by this State at the time of the imposition of a sentence pursuant to this section shall be prohibited from obtaining a driver's license for the duration of that sentence. Upon obtaining a driver's license, the person shall be sentenced to a period of ignition interlock device installation pursuant to the provisions of this section.

L.1999, c.417, s.2; amended 2009, c.201, s.2 2019, c.248, s.4.