DUI - The Aftermath

You’ve been convicted of a DUI violation. You paid your fine and related fees and gave up your drivers’ license for the required period. Now what?

Victor Rotolo successfully argues before the NJ Supreme Court in a case of constitutional import, in which the Court ruled that a DUI conviction cannot be used in any later DUI case for sentencing purposes if, (1) the individual plead or was found guilty, and (2) the individual was not advised of his/her right to counsel and, as to indigent individuals, the right to assigned counsel.

Depending on the circumstances surrounding your individual case, the court may require you to install an ignition interlock device (IID) on your vehicle. This device prevents your motor vehicle from starting if your blood alcohol content (BAC) exceeds 0.05%.

If you are ordered by the court to obtain an IID, you are responsible for all related costs.

The cost of an IID is regulated by the State and varies depending on a number of factors, including the supplier, the make and model of the device, and any special additional features, such as a camera, that the court may require.

These devices must be monitored and calibrated routinely. The cost for this often is included in the monthly operating fee. There is also a fee for removing the device from your vehicle once the specified period has elapsed.

Failure to install a court-ordered IID could result in the loss of your driving privileges for an additional year. This is true even if you move out of New Jersey before the required time period ends.

When you are convicted of a DUI, your name is added to a National Drivers Registry. Your conviction travels with you if you move out of New Jersey. Any state where you attempt to get a new driver’s license can deny your driving privileges if your name is on this Registry for having a suspended license due to a DUI conviction or for failing to install an IID.

It is possible to have multiple interlock suspensions against your license at the same time. How long the device needs to be installed in your vehicle is determined by whether the court ordered concurrent or consecutive suspensions. If concurrent, the device would need to be on your vehicle for the length of the maximum term. For example, if you have one six-month suspension, roughly 180 days, and a concurrent one-year suspension, or 365 days, the device would stay on your vehicle for 365 days. If the suspensions are consecutive, the device would remain on your vehicle for the combined number of days (180 + 365, or 545 days).

After satisfying the required license suspension, you will want to have your driving privileges restored. You will receive a Notice of Restoration from the Motor Vehicle Commission once your suspensions and summonses have been fulfilled and proof of payment for all related fines and fees has been submitted. This includes proof that your IID, if ordered, has been properly installed. Finally, you will have to pay a restoration fee to the MVC before your license is reinstated.

If you make your living driving a commercial vehicle, you should know that a DUI conviction on your non-commercial license can have a serious impact on your livelihood. Professional drivers who operate commercial vehicles must hold a commercial driver’s license (CDL). A DUI conviction against your non-commercial license can result in your CDL being suspended or permanently revoked, depending on your offense record.

Failure to fulfill all conditions set by the court can have serious consequences and delay your ability to get back behind the wheel. An experienced DUI attorney can help ensure that you meet all terms of your conviction and avoid any subsequent penalties.

Former prosecutor Anthony Kearns and former police officer Victor Rotolo have years of experience representing clients in many aspects of the law, including DUI and other motor vehicle violations. Kearns Rotolo Law attorneys understand that each case is different and requires individualized attention. They will focus on the particulars of your case to help minimize the consequences. Call Kearns Rotolo Law at (908) 534-7900 for a consultation.