39:4-50.17 Sentencing drunk driving offenders; device defined

a. (1) Except as provided in paragraph (2) of this subsection, in sentencing a first offender under R.S.39:4-50, the court may 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 following the expiration of the period of license suspension imposed under that section.  In sentencing a first offender under 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 a motor vehicle principally operated by the offender during and following the expiration of the period license suspension imposed under that section.  The device shall remain installed for not less than six months or more than one year, commencing immediately upon the return of the offender’s driver’s license after the required period of suspension has been served.

(2)  If the first offender’s blood alcohol concentration is 0.15% or higher, the court shall order, in addition to any other penalty imposed under R.S.39:4-50, 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 suspension imposed under that section.  In addition to installation during the period of license suspension, the device shall remain installed for not less than six months or more than one year, commencing immediately upon the return of the offender’s driver’s license after the required period of suspension 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 suspension 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 suspension, the device shall remain installed for not less than one year or more than three years, commencing immediately upon the return of the offender’s driver’s license after the required period of suspension has been served.

c.  The court shall require that, for the duration of its order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.

d.  As used in this act, “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 content 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).

L.1999,c.417,s.2., 2010.