I. DWI STATUTE HAS BEEN AMENDED TO ENACT ENHANCED PENALTIES UPON THE MOST DANGEROUS DWI VIOLATORS.

The New Jersey Legislature enacted recent amendments to the DWI Statute known as “Ricci’s Law” in memory of Ricci Branca, a teenager killed by a drunk driver. Ricci’s Law mandates ignition interlock devices (Hereafter, “IID”) to be installed in the vehicles of the most precarious and continuous DWI offenders. The IID is a Breathalyzer wired to the vehicle’s ignition system, which requires the driver to submit breath samples. N.J. Stat. Ann. § 39:4-50.17(d) (West 2010). The device prevents the vehicle from starting when the device detects a blood alcohol concentration above a predetermined set point. The Motor Vehicle Commission of NJ designates this level at 0.05%. N.J. Admin. Code § 13:19-6.5(b) (West 2010). Furthermore, the device requires repeated breath samples every 15-30 minute during the entire duration of vehicle’s operation in order to ensure that the breath sample is authentically the driver’s.

II. RICCI’S LAW MANDATES IGNITION INTERLOCK DEVICES UPON REPEAT OFFENDERS AND FIRST TIME VIOLATORS WITH BAC LEVELS GREATER THAN 0.15

First-time offenders with an alcohol BAC level of 0.15 are required to install an IID during the period of the offender’s license suspension and for no less than six months but greater than one year following restoration of driving privileges. N.J. Stat. Ann. § 39:4-50.17(a)(2) (West 2010). Second and third-time offenders will also be required to install an ignition interlock device upon reinstatement of driving privileges for no less than one year but greater than three years. N.J. Stat. Ann. § 39:4- 50.17(b) (West 2010).

III. THE OFFENDER IS RESPONSIBLE FOR THE COST OF INSTALLING THE IId.

To comply with judgment, convicted offenders must incur a $100-200 IID installation fee and an IID lease of $95 per month for the duration of the sentence. This may potentially present a prohibitive costly burden on economically disadvantageous offenders.

The DWI Statute recognizes that some offenders may be monetarily unable to comply with IID requirements and the legislature has enacted guidelines in response to this. N.J. Stat. Ann. § 39:4-50.17.a(a) (West 2010). Statute allows offenders below 100% and 149% of the federal poverty level to be responsible for only 50% and 75% of the monthly leasing fees of an IID, respectively. Id. By doing this, the New Jersey legislature has provided recourse in the case of an offender who’s unable to comply with the law due to economical disadvantages.

IV. VIOLATING IID REQUIREMENTS.

When an offender operates a vehicle not equipped with an IID without a valid reason for doing so, the offender is subject to an additional one-year suspension of driving privileges. N.J. Stat. Ann. § 39:4-50.19(a) (West 2010).

Offenders who fail to install an IID as directed by the court is subject to an additional one-year suspension of driving privileges, unless the Court recognizes a valid reason for not doing so. Id.

Furthermore, recent amendments to DWI law has featured a disorderly persons component which subjects an individual to a disorderly persons conviction when that person: (1) Blows into an IID or otherwise starts a motor vehicle for the purpose of providing an operable motor vehicle to a violator required by the court to install the device (2) Tampers or circumvents in any way the operation of the IID or (3) Knowingly rents, leases or lends a motor vehicle not equipped with an IID to a violator required by the court to install an IID in any car operated by the violator. N.J. Stat. Ann. § 39:4-50.19(b) (West 2010).