What is IDRC Non-Compliance?

All individuals convicted of Operating a Motor Vehicle Under the Influence of Alcohol or Drugs (DUI-DWI) and/or Refusal to Submit to a Breath Test (Refusal) in New Jersey must satisfy the screening, evaluation, referral, program, classes, and fee requirements of the Intoxicated Driving Program (IDP), the Intoxicated Driver Resource Center (IDRC), and a program and/or classes of substance use disorder education and highway safety (N.J.S.A. 39:4-50(b), N.J.S.A. 39:4-50.4(a)).

IDP is part of the Division of Mental Health and Addiction Services of the State of New Jersey. IDP is responsible for managing and coordinating court-mandated requirements for individuals with DUI-DWI and/or Refusal related convictions and monitoring services provided by the IDRC (N.J.A.C. 10:162-1.2). The IDP is responsible for the administration of post-conviction interventions for individuals convicted of DUI-DWI offenses.  Through a partnership between the Department of Human Services, Administrative Office of the Courts, and the New Jersey Motor Vehicle Commission (MVC), the IDP administers New Jersey's post-conviction DUI-DWI and/or Refusal offenses system, approves and coordinates a network of county based and regional IDRC facilities that detain, educate, and screen individuals to determine the need for additional addiction treatment interventions, recommends appropriate license action (suspensions and/or restorations) to the MVC, and manages various other issues regarding documentation, general information, and response to public inquiry.

IDRC educates and evaluates individuals who have been convicted of DUI-DWI and/or Refusal. These individuals are mandated by the Municipal Court to participate in the IDRC program. IDRC facilities are established and operated by the counties in New Jersey and approved by the IDP. The IDRC detains and determines, on the basis of an evaluation and counselor evaluation and other information, the extent, if any, of an individual's substance use disorder-related problem and that monitor and report on referrals to approved treatment programs (N.J.A.C. 10:162-1.2).

There are potentially serious consequences in the event an individual fails to report to the initial IDRC screening or evaluation or any subsequent IDRC ordered treatment referral. The IDRC will notify the Municipal Court about the person's alleged non-compliance with the IDRC requirements (N.J.S.A. 39:4-50(f)). The Municipal Court will then schedule a non-compliance hearing (N.J.A.C. 10:162-8.1). An individual who is found to be in non-compliance with the IDRC requirements (i.e. attendance, education, screening, evaluation, referral, program, and/or fee) is subject to a two day Jail term by the Municipal Court and an indefinite revocation or suspension of their driver's license by the MVC until the requirements are satisfied (N.J.S.A. 39:4-50(b)).

The information above is a brief overview of IDRC non-compliance matters in the Municipal Courts of New Jersey. You should contact an experienced DUI-DWI defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences.