New Jersey Criminal Defense Blog

Some interesting news for DWI defendants was released today: A scientific study shows that lengthy license suspensions, heavy fines and jail time do not deter intoxicated driving. The study, led by Alexander Wagenaar of the University of Florida’s College of Medicine, will be published in the August issue of the medical journal Alcoholism: Clinical & Experimental Research.

In one of the largest studies on this subject, Wagenaar and his colleagues examined intoxicated driving over 26 years in 46 states. They were interested in whether common penalties for a DWI/DUI arrest affected rates of fatal crashes. The conclusion, which we are sure will not surprise New Jersey DWI attorneys: Post-conviction license suspensions, jail time and fines all have next to no effect on the rate of fatal car wrecks. It makes sense. After all, who thinks about that sort of legal minutiae when making daily decisions? It’s only after a DWI arrest that many of our clients learn how steep the penalties are.

So what does work? According to the study, laws mandating that an intoxicated driver’s license be taken away on the spot work. Again, this makes sense: A driver who tests positive for alcohol now is a threat now, not in eight months. And New Jersey, of course, is one of just nine states that don’t have such a law. In short, New Jersey’s DWI laws don’t work, but they still have permanent, serious and harsh consequences for convicted drivers. These include thousands of dollars in fines and fees, license suspension, possible jail time and more -- not to mention a steep rise in auto insurance costs. And that’s not even counting the costs of not being able to drive, which can seriously cripple a person’s ability to work, take care of kids and perform other routine tasks of life.

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Virginians are getting a taste of some of the disproportionately harsh fees that New Jersey drivers have endured for years under our "auto insurance surcharge" program, and they do not like it. A new "abusive driver fee" law, modeled after our own law and intended to raise revenues, took effect in Virginia on July 1 and was almost instantly greeted with a chorus of protests, due to the steep increase in the costs of many ordinary traffic violations, and the fact that the fees don't apply to drivers who live outside the state. The law has already been challenged in court, and it's a hot topic on Internet message boards, talk radio, and undoubtedly in bars and coffee shops around the state. In fact, Virginians are so angry about their new "abusive driver" fees that the governor and the state legislature have already -- less than a month after it took effect -- promised to change the law.

Like New Jersey, Virginia established the surcharge for a specific set of serious traffic offenses: No license, no insurance, too many points on a license, and drug and alcohol violations. Like New Jersey, Virginia assesses the surcharge over a three-year period -- the lowest surcharge, which is for driving on a suspended license, will cost violators $250 a year over three years, for a total of $750 -- in addition to other fees. Unlike New Jersey, Virginia had to limit their law to residents of the state because they didn't have a practical way to collect from out-of-staters that was allowable by state law. As this article was quick to point out, criminal defense lawyers believe this may be a violation of the United States Constitution's guarantee of equal protection under the law. We'd add that it also unfairly balances the state budget on the backs of drivers, and gives judges no discretion to dismiss a case because of financial hardship or factual innocence.

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As everybody in America must know by now, Lindsay Lohan was arrested for driving under the influence and cocaine possession in Los Angeles around 2 a.m. on Tuesday, July 24. What caught our eye is the report, on celebrity gossip site TMZ.com, that she cooperated with the police in every way except for refusing to submit to a preliminary alcohol screening device -- such as a breathalyzer -- at the scene. In California, that’s not illegal for drivers over 21. In fact, it may be a good idea, because these devices are often inaccurate and there is no legal penalty for politely refusing to take the test. Unfortunately, in New Jersey, those who refuse a breathalyzer do face legal penalties: If convicted of driving under the influence, their licenses will be suspended for at least seven months.

In New Jersey, a second DWI offense would put Lohan on the hook for at least 48 hours’ worth of jail time but no more than 90 days, none of which may be served with probation; 30 hours of community service; and $1,200 to $1,700 worth of fines, charges and fees, plus three years of $1,000 DMV surcharges, for a total of almost $5,000 (not counting the higher auto insurance rates she would face). More importantly, Lohan’s license would be suspended for at least two years, and she may have to have an ignition interlock device -- a machine that tests a driver’s breath for alcohol before allowing the car to start -- put onto her vehicle for three years. (This is all in addition to the potential penalties for her cocaine possession charge.) Maybe that’s not a big deal to a movie star, but for the average New Jersey driver, the financial penalties alone would be a nightmare. Not to mention the two-year license suspension, which can also put a family in serious financial trouble if alternative transportation isn’t easy to find. And then there’s the stigma of being a convicted drunk driver for the rest of your life, even years after you’ve finished paying the penalties.

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