LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
SENATE, No. 3011
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: JULY 5, 2023
SUMMARY
Synopsis: Concerns use of ignition interlock devices for drunk driving offenses.
Type of Impact: Annual State and Municipal Revenue Loss from Elimination of Fines
for Driving While Intoxicated.
Agencies Affected: State, County, and Municipal Law Enforcement Agencies and
Prosecutors’ Offices; Administrative Office of the Courts; Motor
Vehicle Commission.
Office of Legislative Services Estimate
Fiscal Impact FY 2024 and Thereafter
Combined Annual State and Loss of annual fine revenue between
Municipal Revenue Decrease $3.9 million and $15.7 million
 The Office of Legislative Services (OLS) estimates this bill will result in an annual loss of
State and municipal revenue (combined) between $3.9 million and $15.7 million from the
elimination of fines collected for driving while intoxicated offenses when an offender
voluntarily installs an ignition interlock device upon arrest and prior to any conviction and
obtains a driver’s license noting the requirement for the device.
 The OLS does not anticipate additional expenditures to the State, county, or municipality as
the arrests would be prosecuted in the same manner and would not affect the cases as they are
currently processed.
BILL DESCRIPTION
This bill extends current law for an additional five years, until January 1, 2029, regarding the
required use of ignition interlock devices associated with driving while intoxicated offenses. The
bill eliminates the fines associated with these offenses in instances when an offender voluntarily
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
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installs an ignition interlock device on their car after arrest, but prior to conviction, and obtains a
driver’s license with a notation stating the person is not to operate a motor vehicle unless it is
equipped with an ignition interlock device. Current law, which expires on January 1, 2024,
requires those convicted of driving while intoxicated to install ignition interlock devices and pay
fines in accordance with the following schedule.
Blood Alcohol Level Under
(BAC) S-3011
Level of Offense Current Fines (2R)
First Offense
.08% but less than 0.10% $250 to $400 $0
.10% or higher $300 to $500 $0
Second Offense $500 to $1,000 $0
Third and Subsequent Offense $1,000 $0
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS estimates this bill would reduce combined State and local revenues by $3.9 million
to $15.7 million annually by eliminating the fines associated with convictions for driving while
intoxicated when an offender voluntarily installs an ignition interlock device upon arrest and prior
to any conviction and obtains a driver’s license with a notation stating the person is not to operate
a motor vehicle unless it is equipped with an ignition interlock device. The OLS does not anticipate
additional expenditures to the State, county, or municipality as the arrests would be prosecuted in
the same manner as the cases are currently.
The State, counties, and municipalities currently receive these fines; however, the location of
the fine is dependent on the agency issuing the ticket. The fine for a Title 39 traffic ticket, if issued
by a municipal officer, is split half-and-half by the municipality and the county. All fines from
motor vehicle summonses issued by any State law enforcement officer, including a member of the
State Police, are deposited into the General Fund.
DRIVING WHLE INTOXICATED CASES*
ARRESTED AND CONVICTED FROM 2018 TO 2022
YEAR ARRESTS CONVICTIONS
2018 34,906 18,414
2019 35,430 18,761
2020 23,777 10,701
2021 27,989 12,795
2022 29,966 15,721
TOTAL 152,068 76,392
*Administrative Office of the Courts 2023
Although the Administrative Office of the Courts provided the OLS with the number of annual
convictions, the data did not provide the level of offense for these cases, i.e., first offense, second
offense, etc. As such only a minimum to maximum range could be calculated. If all 15,721
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individuals arrested in 2022 opted to install the ignition interlock device prior to conviction, the
State and municipal loss of fine revenues would be between $3.9 million and $15.7 million
annually depending on the level of the offense. The number of arrests made by either the State or
municipal law enforcement is not available so only a combined State/local revenue loss estimate
can be made.
The OLS notes that the bill provides that upon the recommendation of the prosecutor, a person
subject to a driving while intoxicated offense or a refusal to submit to a breathalyzer offense could
plead guilty to a lesser offense and this may result in an indeterminate loss of additional fine
revenue.
Section: Law and Public Safety
Analyst: Kristin Brunner Santos
Lead Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).