Prohibitions and Interlock Devices
March 26, 2013 —
The State of New Mexico is considering a new way to deal with DWI as well as alcoholism in their state. Their State Legislature is considering legislation which would prohibit the sale of alcoholic beverage to individuals who have been convicted of DWI and required to install interlock devices.
In New Jersey, interlock devices are required for all DWI and Refusal offenses except where the breath or the blood test result is less than 10% BAC or the defendant is convicted with no breath or blood test results.
Frankly, this legislation takes a good idea and stretches it to an absurdity. There is no reason to prohibit the purchase of alcohol where an offender has a first offense and no prior alcohol related violations.
On the other hand, there is no good reason why alcohol should be sold to multiple offenders with obvious alcohol problems. This would be true with regard to other offenses that involve abuse of alcohol, even though operation of a car is not involved.
Barring sale of alcohol to offenders with serious, identifiable alcohol abuse problems make sense. Selling alcohol to these people makes no sense at all. New Jersey should consider such an approach when revising our DWI laws.
Peter Lederman, ESQ