Driving While Intoxicated from DIVISION OF HIGHWAY TRAFFIC SAFETY

Driving While Intoxicated from DIVISION OF HIGHWAY TRAFFIC SAFETY  

THE LAW 

Definition of Impairment 

In New Jersey, a person is guilty of drunk driving if he/ she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC refers to the amount of alcohol in your blood. Although the law refers to a 0.08 percent BAC, you can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent. Consuming even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgment, vision and alertness. If you consume any amount of alcohol and your driving is negatively impacted, you can be convicted of drunk driving. It is also a violation for a person to operate a motor vehicle under the influence of a narcotic, hallucinogenic or habit-producing drug. You can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated (DWI) law. What follows is a summary of the penalties that result when a person is convicted of violating New Jersey’s DWI law. 

THE PENALTIES 

1st Offense 

Under New Jersey Law (P.L. 2003, CHAPTER 314), if an offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are: 

nA fine of $250-$400n Imprisonment for up to 30 daysn Driver’s license forfeiture until ignition interlock 

installed. Interlock required for 3 monthsn A minimum of six hours a day for two consecutive 

days in an Intoxicated Driver Resource Center n An automobile insurance surcharge of $1,000 a year for 3 years 

If the offender’s BAC is 0.10 percent but less than 0.15 percent, or permits another person with a BAC of 0.10 percent but less than 0.15 percent to operate a motor vehicle, the penalties are: 

nA fine of $300-$500n Imprisonment for up to 30 daysn Driver’s license forfeiture until ignition interlock installed. Interlock required for 7 months to one (1) yearn A minimum of six hours a day for two consecutive  days in an Intoxicated Driver Resource Center n An automobile insurance surcharge of $1,000 a year for 3 years 

   Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months after license restoration. 

2nd Offense 

nA fine of $500-$1,000n Imprisonment of at least 48 consecutive hours, and up to 90 daysn Minimum 1-year and up to 2-year license suspension n Completion of evaluation, referral and program requirements of the IDRCn 30 days of community servicen An automobile insurance surcharge of $1,000 a year for 3 yearsn Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration 

3rd Offense 

nA fine of $1,000n Imprisonment of 180 days except the court may order such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC 

n8 year license suspensionn 30 days of community servicen Completion of evaluation, referral and program requirements of the IDRCn An automobile insurance surcharge of $1,500 a year for 3 yearsn Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration 

ANY OFFENSE ALSO CARRIES 

nA $100 surcharge to be deposited in the Drunk Driving Enforcement Fund 

nA Motor Vehicle Commission restoration fee of $100 and an Intoxicated Driving Program fee of $100 

nA Violent Crimes Compensation Fund fee of $50 n A Safe and Secure Community Program fee of $75 

In addition to these penalties, judges may order the revocation of the vehicle registration (Public Law 2000, Chapter 83). 

The ignition interlock device, which measures the driver’s blood alcohol level, may be required for up to four years following license restoration after a DWI conviction. Any person may start a motor vehicle equipped with an interlock device for safety reasons or to repair the device or motor vehicle, but the convicted offender may not operate the vehicle. 

A person who, on behalf of the convicted offender, blows into an interlock device to start a motor vehicle or tampers with the device to circumvent its operation may be charged with a disorderly persons offense. 

DRIVING WITH A MINOR 

A parent or guardian who is convicted of driving while intoxicated and had a passenger in the motor vehicle 17 years of age or younger, is also guilty of a disorderly persons offense. In addition, a person forfeits the right to operate a motor vehicle for a maximum of six months and must perform community service for up to five days. 

REGISTRATION REVOCATION/ IGNITION INTERLOCK 

DIVISION OF HIGHWAY TRAFFIC SAFETY 

CONSEQUENCES OF UNDERAGE DRINKING AND DRIVING 

In New Jersey, you must be at least 21 years of age to purchase, possess or consume alcoholic beverages. Underage drinking is illegal and can have severe con- sequences for young people who drink and for adults who provide alcoholic beverages to those under 21. 

If you are under 21 and buy or drink alcohol in a place with an alcoholic beverage license, you may be fined $500 and lose your driver license for six months. If you do not have your license, the suspension starts when you are first eligible to receive a license. Also you may be required to participate in an alcohol education or treatment program. 

If you are under 21, drive with any detectable amount of alcohol in your system (.01 BAC or above) and are convicted for violating New Jersey’s zero tolerance law, the penalties are: 

nLoss or postponement of driving privileges for 30 to 90 days 

n15 to 30 days of community servicen Referral to an IDRC or participation in an alcohol and traffic safety education program 

Source: New Jersey Motor Vehicle Commission 

DRIVING WITH A SUSPENDED LICENSE DUE TO DWI 

nA fine of $500n 10 to 90 days imprisonmentn 1 to 2 years additional license suspension 

nIf you are involved in a crash while your license is suspended and someone is hurt, you face a mandatory jail sentence of 45-180 days 

nRevocation of motor vehicle registration REFUSAL TO SUBMIT TO A BREATH TEST 

n1st offense - $300-$500 fine and a license suspension until ignition interlock device installed. A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center 

n2nd offense - $500-$1,000 fine and a 1 to
2-year license suspension following installation of ignition interlock device. 48 hours consecutive detainment in Intoxicated Driver Resource Center 

n3rd offense - $1,000 fine and an 8-year license suspension following installation of ignition interlock device 

nInstallation of an ignition interlock device for a period of 9 to 15 months after license restoration for the 1st offense, 2 years to 4 years for the 2nd and 3rd offenses 

nAutomobile insurance surcharge of $1,000 a year for 3 years for 1st and 2nd offenses, $1,500 for 3rd offense 

nA $100 surcharge to be deposited in the Drunk Driving Enforcement Fund 

nReferral to an Intoxicated Driver Resource Center 

n1st offense - $200n 2nd offense - $250 fine or 10 days of community service 

DIVISION OF HIGHWAY TRAFFIC SAFETY 

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