New Jersey Governor Phil Murphy Signs Senate Bill 3011 Into Law
TRENTON, NEW JERSEY (January 4, 2024) – On December 23, 2023, New Jersey Governor Phil Murphy signed into law Senate Bill 3011 which has a number of implications for those charged with DWI related offenses.
1 Voluntary Installation of IID:
When a person is arrested for certain DWI offenses, they are able to choose to install an ignition interlock device (IID) in a vehicle that they own or primarily operate. They are also able to request to get a driver’s license which states that they should not operate a vehicle unless it is equipped with an IID.
2. No Fine for First DWI Offense with BAC 0.08%-0.10% or Higher:
If a person is arrested for their first DWI offense with a blood alcohol concentration (BAC) between 0.08% and less than 0.10%, or if they were otherwise under the influence, they are able to avoid a fine by obtaining a notated driver’s license and installing a IID.
3. Credit for Installation on Higher BAC or Repeat Offenses:
Anyone who is arrested for a DWI offense with a BAC of 0.15% or higher or who has been arrested for a second, third or subsequent offense may receive a 1 day credit against any period they are legally obligated to refrain from driving for every two days an IID is installed. They will also be exempt from a fine.
4. Exception for Serious Bodily Injury:
The aforementioned credit against driving forfeiture will not apply in cases where the DWI violation led to the serious bodily injury of another person.
5. Plea Agreements Authorized:
The bill allows prosecutors to seek plea agreements for DWI or refusal to submit to a breathalyzer.
6. Commercial Motor Vehicle Offenses:
If a person is convicted of a first DWI violation of operating a commercial vehicle with a BAC between 0.04% but less than 0.08%, the court must not suspend their license. Rather, the court must order the installation of an IID device in a non-commercial vehicle owned or primarily operated by the offender.
7. Exclusions:
The contents of Senate Bill 3011 will not apply to individuals arrested or convicted of operating a vehicle while under the influence of certain drugs. Instead, certain provisions from a previous law (P.L.2019, c.248) will still apply to them.
If you or someone that you love is facing a DWI charge, it is crucial to seek legal counsel early on. A New Jersey DWI attorney can help protect your license and your record. Being convicted of DWI can have severe penalties and consequences. Hiring the right attorney can often mean the difference between winning or losing your case.
The New Jersey Criminal defense attorneys at Beninato & Matrafajlo Attorneys at Law, LLC are here for you. Our legal team has extensive experience and resources to help you get the best outcome possible. We will fight on your behalf to either dismiss or reduce any DWI charges you are facing. Whether you just have legal questions or would like a risk-free consultation about your particular situation, we are here for you. You can reach out to us anytime at 908-248-4404.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
