KEAN, HOLZAPFEL MEASURE REQUIRES IGNITION INTERLOCK FOR REPEAT DRUNK DRIVERS WHO REFUSE BREATHALYZER
CURRENT LAW DOES NOT REQUIRE THOSE WHO REFUSE BREATHALYZER TO USE IGNITION INTERLOCK

Assemblymen Sean T. Kean (R-11) and Jim Holzapfel (R-10) have introduced legislation that would allow judges to require persons convicted of refusing to submit to a breathalyzer for a second or subsequent time to install ignition interlock in their vehicle, a device that will not allow a car to start if the driver’s blood alcohol content is above a certain limit.

Currently, individuals who are convicted of drunk driving can be ordered to install an ignition interlock device, but there is no provision for drivers who refuse to submit to a breathalyzer.

"There is a loophole in the current law that does not allow for the installation of an ignition interlock for those offenders who refuse to submit to a breathalyzer," said Assemblyman Sean Kean. "It does not make any sense that these drunk drivers cannot be required to use this lifesaving device just because they ignored the law and refused a breathalyzer test."

"New Jersey law generally treats those who refuse a breathalyzer test the same as those who drive drunk," said Holzapfel. "This legislation will close a loophole in the current law and ensure that there is no incentive to refuse a breathalyzer test when law enforcement requests one."

A person convicted of a first offense of drunk driving can be ordered to install an ignition interlock device for six months to a year. For a second drunk driving offense, installation of an ignition interlock is mandatory for one to three years or the offender’s registration and license plates are revoked for two years. If an offender receives a third or subsequent drunk driving offense, the ignition interlock is mandatory for one to three years or their registration and license plates are revoked for 10 years.

According to Mothers Against Drunk Driving (MADD), one-third of all drunk driving arrests are of drivers who have been previously convicted of drunk driving. They maintain that installing ignition interlock devices on all repeat offenders’ vehicles could save hundreds of lives.

"Offenders who refuse to submit to a breathalyzer are just as big of a threat as offenders who are convicted of drunk driving," stated Assemblyman Kean. "By requiring that these individuals also utilize ignition interlock devices we can help to save lives by keeping impaired drivers off the road."

"History has shown that people who drive drunk often drive drunk repeatedly," added Holzapfel. "It is reasonable to assume that ignition interlock devices may prove beneficial to public safety if they were required in the cars of people who have repeatedly refused breathalyzer tests."

Assembly Bill 4381 was introduced on June 14 has been referred to the Assembly Law and Public Safety Committee.

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