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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 Ignition Interlock Devices

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.

Consequences of Not Installing an IID

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.

Multiple IID Suspensions

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).

Restoring Your Driving Privileges

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.

Special Note to Commercial Drivers

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.

Experienced DUI Attorneys

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.

What Our Clients are Saying
★★★★★

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn
★★★★★

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt
★★★★★

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya
★★★★★

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill
★★★★★

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.

- Stephanie