NJ DWI Statute 2017
39:4-50
. (a) Except as provided
in subsection (g) of this section, a person who operates a motor vehicle while
under the influence of intoxicating liquor, narcotic, hallucinogenic or
habit-producing drug, or operates a motor vehicle with a blood alcohol
concentration of 0.08% or more by weight of alcohol in the defendant's blood or
permits another person who is under the influence of intoxicating liquor,
narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned
by him or in his custody or control or permits another to operate a motor
vehicle with a blood alcohol concentration of 0.08% or more by weight of
alcohol in the defendant's blood shall be subject:
(1)
For the first offense:
(i)
if the person's blood
alcohol concentration is 0.08% or higher but less than 0.10%, or the person
operates a motor vehicle while under the influence of intoxicating liquor, or
the person permits another person who is under the influence of intoxicating
liquor to operate a motor vehicle owned by him or in his custody or control or
permits another person with a blood alcohol concentration of 0.08% or higher
but less than 0.10% to operate a motor vehicle, to a fine of not less than $250
nor more than $400 and a period of detainment of not less than 12 hours nor
more than 48 hours spent during two consecutive days of not less than six hours
each day and served as prescribed by the program requirements of the
Intoxicated Driver Resource Centers established under subsection (f) of this
section and, in the discretion of the court, a term of imprisonment of not more
than 30 days and shall forthwith forfeit his right to operate a motor vehicle
over the highways of this State for a period of three months;
(ii)
if the person's blood
alcohol concentration is 0.10% or higher, or the person operates a motor
vehicle while under the influence of narcotic, hallucinogenic or
habit-producing drug, or the person permits another person who is under the
influence of narcotic, hallucinogenic or habit-producing drug to operate a
motor vehicle owned by him or in his custody or control, or permits another
person with a blood alcohol concentration of 0.10% or more to operate a motor
vehicle, to a fine of not less than $300 nor more than $500 and a period of
detainment of not less than 12 hours nor more than 48 hours spent during two
consecutive days of not less than six hours each day and served as prescribed
by the program requirements of the Intoxicated Driver Resource Centers
established under subsection (f) of this section and, in the discretion of the
court, a term of imprisonment of not more than 30 days and shall forthwith
forfeit his right to operate a motor vehicle over the highways of this State
for a period of not less than seven months nor more than one year;
(iii)
For a first offense, a
person also shall be subject to the provisions of P.L.1999, c.417 (C.39:4-50.16
et al.).
(2)
For a second violation,
a person shall be subject to a fine of not less than $500 nor more than $1,000,
and shall be ordered by the court to perform community service for a period of
30 days, which shall be of such form and on such terms as the court shall deem
appropriate under the circumstances, and shall be sentenced to imprisonment for
a term of not less than 48 consecutive hours, which shall not be suspended or
served on probation, nor more than 90 days, and shall forfeit his right to
operate a motor vehicle over the highways of this State for a period of two
years upon conviction, and, after the expiration of said period, he may make
application to the Chief Administrator of the New Jersey Motor Vehicle
Commission for a license to operate a motor vehicle, which application may be
granted at the discretion of the chief administrator, consistent with
subsection (b) of this section. For a second violation, a person also
shall be required to install an ignition interlock device under the provisions
of P.L.1999, c.417 (C.39:4-50.16 et al.).
(3)
For a third or
subsequent violation, a person shall be subject to a fine of $1,000, and shall
be sentenced to imprisonment for a term of not less than 180 days in a county
jail or workhouse, except that the court may lower such term for each day, not
exceeding 90 days, served participating in a drug or alcohol inpatient
rehabilitation program approved by the Intoxicated Driver Resource Center and
shall thereafter forfeit his right to operate a motor vehicle over the highways
of this State for 10 years. For a third or subsequent violation, a person
also shall be required to install an ignition interlock device under the
provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
As used in this section,
the phrase "narcotic, hallucinogenic or habit-producing drug"
includes an inhalant or other substance containing a chemical capable of releasing
any toxic vapors or fumes for the purpose of inducing a condition of
intoxication, such as any glue, cement or any other substance containing one or
more of the following chemical compounds: acetone and acetate, amyl nitrite or
amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl
nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl
nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl
alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol,
pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their
isomers, toluene, toluol or xylene or any other chemical substance capable of
causing a condition of intoxication, inebriation, excitement, stupefaction or
the dulling of the brain or nervous system as a result of the inhalation of the
fumes or vapors of such chemical substance.
Whenever an operator of
a motor vehicle has been involved in an accident resulting in death, bodily
injury or property damage, a police officer shall consider that fact along with
all other facts and circumstances in determining whether there are reasonable
grounds to believe that person was operating a motor vehicle in violation of
this section.
A conviction of a
violation of a law of a substantially similar nature in another jurisdiction,
regardless of whether that jurisdiction is a signatory to the Interstate Driver
License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall
constitute a prior conviction under this subsection unless the defendant can
demonstrate by clear and convincing evidence that the conviction in the other
jurisdiction was based exclusively upon a violation of a proscribed blood
alcohol concentration of less than 0.08%.
If the driving privilege
of any person is under revocation or suspension for a violation of any
provision of this Title or Title 2C of the New Jersey Statutes at the time of
any conviction for a violation of this section, the revocation or suspension
period imposed shall commence as of the date of termination of the existing
revocation or suspension period. In the case of any person who at the
time of the imposition of sentence is less than 17 years of age, the
forfeiture, suspension or revocation of the driving privilege imposed by the
court under this section shall commence immediately, run through the offender's
seventeenth birthday and continue from that date for the period set by the
court pursuant to paragraphs (1) through (3) of this subsection. A court
that imposes a term of imprisonment for a first or second offense under this
section may sentence the person so convicted to the county jail, to the
workhouse of the county wherein the offense was committed, to an inpatient
rehabilitation program or to an Intoxicated Driver Resource Center or other
facility approved by the chief of the Intoxicated Driving Program Unit in the
Department of Health. For a third or subsequent offense a person shall
not serve a term of imprisonment at an Intoxicated Driver Resource Center as
provided in subsection (f).
A person who has been
convicted of a previous violation of this section need not be charged as a
second or subsequent offender in the complaint made against him in order to
render him liable to the punishment imposed by this section on a second or
subsequent offender, but if the second offense occurs more than 10 years after
the first offense, the court shall treat the second conviction as a first
offense for sentencing purposes and if a third offense occurs more than 10 years
after the second offense, the court shall treat the third conviction as a
second offense for sentencing purposes.
(b)
A person convicted under
this section must satisfy the screening, evaluation, referral, program and fee
requirements of the Division of Mental Health and Addiction Services'
Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource
Centers and a program of alcohol and drug education and highway safety, as
prescribed by the chief administrator. The sentencing court shall inform
the person convicted that failure to satisfy such requirements shall result in
a mandatory two-day term of imprisonment in a county jail and a driver license
revocation or suspension and continuation of revocation or suspension until
such requirements are satisfied, unless stayed by court order in accordance
with the Rules Governing the Courts of the State of New Jersey, or
R.S.39:5-22. Upon sentencing, the court shall forward to the Division of
Mental Health and Addiction Services' Intoxicated Driving Program Unit a copy
of a person's conviction record. A fee of $100 shall be payable to the
Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to
section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving
Program Unit.
(c)
Upon conviction of a
violation of this section, the court shall collect forthwith the New Jersey
driver's license or licenses of the person so convicted and forward such
license or licenses to the chief administrator. The court shall inform
the person convicted that if he is convicted of personally operating a motor
vehicle during the period of license suspension imposed pursuant to subsection
(a) of this section, he shall, upon conviction, be subject to the penalties
established in R.S.39:3-40. The person convicted shall be informed orally and
in writing. A person shall be required to acknowledge receipt of that
written notice in writing. Failure to receive a written notice or failure to
acknowledge in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of R.S.39:3-40. In the event that a
person convicted under this section is the holder of any out-of-State driver's
license, the court shall not collect the license but shall notify forthwith the
chief administrator, who shall, in turn, notify appropriate officials in the
licensing jurisdiction. The court shall, however, revoke the
nonresident's driving privilege to operate a motor vehicle in this State, in
accordance with this section. Upon conviction of a violation of this
section, the court shall notify the person convicted, orally and in writing, of
the penalties for a second, third or subsequent violation of this
section. A person shall be required to acknowledge receipt of that
written notice in writing. Failure to receive a written notice or failure to
acknowledge in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of this section.
(d)
The chief administrator
shall promulgate rules and regulations pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish
a program of alcohol education and highway safety, as prescribed by this act.
(e)
Any person accused of a
violation of this section who is liable to punishment imposed by this section
as a second or subsequent offender shall be entitled to the same rights of
discovery as allowed defendants pursuant to the Rules Governing the Courts of
the State of New Jersey.
(f)
The counties, in
cooperation with the Division of Mental Health and Addiction Services and the
commission, but subject to the approval of the Division of Mental Health and
Addiction Services, shall designate and establish on a county or regional basis
Intoxicated Driver Resource Centers. These centers shall have the
capability of serving as community treatment referral centers and as court
monitors of a person's compliance with the ordered treatment, service
alternative or community service. All centers established pursuant to
this subsection shall be administered by a counselor certified by the Alcohol
and Drug Counselor Certification Board of New Jersey or other professional with
a minimum of five years' experience in the treatment of alcoholism. All
centers shall be required to develop individualized treatment plans for all
persons attending the centers; provided that the duration of any ordered
treatment or referral shall not exceed one year. It shall be the center's
responsibility to establish networks with the community alcohol and drug
education, treatment and rehabilitation resources and to receive monthly
reports from the referral agencies regarding a person's participation and
compliance with the program. Nothing in this subsection shall bar these
centers from developing their own education and treatment programs; provided
that they are approved by the Division of Mental Health and Addiction Services.
Upon a person's failure
to report to the initial screening or any subsequent ordered referral, the
Intoxicated Driver Resource Center shall promptly notify the sentencing court
of the person's failure to comply.
Required detention
periods at the Intoxicated Driver Resource Centers shall be determined
according to the individual treatment classification assigned by the
Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver
Resource Center, a person shall be required to pay a per diem fee of $75 for
the first offender program or a per diem fee of $100 for the second offender
program, as appropriate. Any increases in the per diem fees after the
first full year shall be determined pursuant to rules and regulations adopted
by the Commissioner of Health in consultation with the Governor's Council on
Alcoholism and Drug Abuse pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
The centers shall
conduct a program of alcohol and drug education and highway safety, as
prescribed by the chief administrator.
The Commissioner of
Health shall adopt rules and regulations pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to
effectuate the purposes of this subsection.
(g)
When a violation of this
section occurs while:
(1)
on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;
(2)
driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or
(3)
driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution, the convicted person shall: for a first offense, be fined not less
than $500 or more than $800, be imprisoned for not more than 60 days and have
his license to operate a motor vehicle suspended for a period of not less than
one year or more than two years; for a second offense, be fined not less than
$1,000 or more than $2,000, perform community service for a period of 60 days,
be imprisoned for not less than 96 consecutive hours, which shall not be
suspended or served on probation, nor more than 180 days, except that the court
may lower such term for each day, not exceeding 90 days, served performing
community service in such form and on such terms as the court shall deem
appropriate under the circumstances and have his license to operate a motor
vehicle suspended for a period of four years; and, for a third offense, be
fined $2,000, imprisoned for 180 days in a county jail or workhouse, except
that the court may lower such term for each day, not exceeding 90 days, served
participating in a drug or alcohol inpatient rehabilitation program approved by
the Intoxicated Driver Resource Center, and have his license to operate a motor
vehicle suspended for a period of 20 years; the period of license suspension
shall commence upon the completion of any prison sentence imposed upon that
person.
A map or true copy of a
map depicting the location and boundaries of the area on or within 1,000 feet
of any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1)
of this subsection.
It shall not be relevant
to the imposition of sentence pursuant to paragraph (1) or (2) of this
subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing. Nor shall it be relevant to the imposition of
sentence that no juveniles were present on the school property or crossing zone
at the time of the offense or that the school was not in session.
(h)
A court also may order a
person convicted pursuant to subsection (a) of this section, to participate in
a supervised visitation program as either a condition of probation or a form of
community service, giving preference to those who were under the age of 21 at
the time of the offense. Prior to ordering a person to participate in
such a program, the court may consult with any person who may provide useful
information on the defendant's physical, emotional and mental suitability for
the visit to ensure that it will not cause any injury to the defendant.
The court also may order that the defendant participate in a counseling session
under the supervision of the Intoxicated Driving Program Unit prior to
participating in the supervised visitation program. The supervised
visitation program shall be at one or more of the following facilities which
have agreed to participate in the program under the supervision of the
facility's personnel and the probation department:
(1)
a trauma center,
critical care center or acute care hospital having basic emergency services,
which receives victims of motor vehicle accidents for the purpose of observing
appropriate victims of drunk drivers and victims who are, themselves, drunk
drivers;
(2)
a facility which cares
for advanced alcoholics or drug abusers, to observe persons in the advanced
stages of alcoholism or drug abuse; or
(3)
if approved by a county
medical examiner, the office of the county medical examiner or a public morgue
to observe appropriate victims of vehicle accidents involving drunk drivers.
As used in this section,
"appropriate victim" means a victim whose condition is determined by
the facility's supervisory personnel and the probation officer to be
appropriate for demonstrating the results of accidents involving drunk drivers
without being unnecessarily gruesome or traumatic to the defendant.
If at any time before or
during a visitation the facility's supervisory personnel and the probation
officer determine that the visitation may be or is traumatic or otherwise
inappropriate for that defendant, the visitation shall be terminated without
prejudice to the defendant. The program may include a personal conference
after the visitation, which may include the sentencing judge or the judge who
coordinates the program for the court, the defendant, defendant's counsel, and,
if available, the defendant's parents to discuss the visitation and its effect
on the defendant's future conduct. If a personal conference is not
practicable because of the defendant's absence from the jurisdiction,
conflicting time schedules, or any other reason, the court shall require the
defendant to submit a written report concerning the visitation experience and
its impact on the defendant. The county, a court, any facility visited
pursuant to the program, any agents, employees, or independent contractors of
the court, county, or facility visited pursuant to the program, and any person
supervising a defendant during the visitation, are not liable for any civil
damages resulting from injury to the defendant, or for civil damages associated
with the visitation which are caused by the defendant, except for willful or
grossly negligent acts intended to, or reasonably expected to result in, that
injury or damage.
The Supreme Court may
adopt court rules or directives to effectuate the purposes of this subsection.
(i)
In addition to any other
fine, fee, or other charge imposed pursuant to law, the court shall assess a person
convicted of a violation of the provisions of this section a surcharge of $125,
of which amount $50 shall be payable to the municipality in which the
conviction was obtained, $50 shall be payable to the Treasurer of the State of
New Jersey for deposit into the General Fund, and $25 which shall be payable as
follows: in a matter where the summons was issued by a municipality's law
enforcement agency, to that municipality to be used for the cost of equipping
police vehicles with mobile video recording systems pursuant to the provisions
of section 1 of P.L.2014, c.54 (C.40A:14-118.1); in a matter where the summons
was issued by a county's law enforcement agency, to that county; and in a
matter where the summons was issued by a State law enforcement agency, to the
General Fund.
amended 1952, c.286;
1964, c.137; 1965, c.134; 1966, c.141, s.1; 1971, c.103; 1977, c.29, s.1; 1981,
c.47, s.1; 1981, c.537, s.1; 1982, c.53, s.2; 1982, c.58, s.1; 1983, c.90, s.2;
1983, c.129, s.1; 1983, c.444, ss.1,3, (s.3 eff. date amended 1984, c.4, s.2);
1984, c.243, s.1; 1986, c.126; 1993, c.296, s.6; 1994, c.184, s.1; 1995, c.243;
1997, c.277, s.1; 1999, c.185, s.4; 1999, c.417, s.7; 2000, c.83, s.1; 2000,
c.117; 2001, c.12; 2002, c.34, s.17; 2003, c.314, s.2; 2003, c.315, s.2; 2004,
c.8, s.2; 2009, c.201, s.1; 2014, c.54, s.2.
39:4-50
Driving while intoxicated
Driving while intoxicated39:4-50. (a) Except as provided
in subsection (g) of this section, a person who operates a motor vehicle while
under the influence of intoxicating liquor, narcotic, hallucinogenic or
habit-producing drug, or operates a motor vehicle with a blood alcohol
concentration of 0.08% or more by weight of alcohol in the defendant's blood or
permits another person who is under the influence of intoxicating liquor,
narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned
by him or in his custody or control or permits another to operate a motor
vehicle with a blood alcohol concentration of 0.08% or more by weight of
alcohol in the defendant's blood shall be subject:(1)For the first offense:(i)if the person's blood
alcohol concentration is 0.08% or higher but less than 0.10%, or the person
operates a motor vehicle while under the influence of intoxicating liquor, or
the person permits another person who is under the influence of intoxicating
liquor to operate a motor vehicle owned by him or in his custody or control or
permits another person with a blood alcohol concentration of 0.08% or higher
but less than 0.10% to operate a motor vehicle, to a fine of not less than $250
nor more than $400 and a period of detainment of not less than 12 hours nor
more than 48 hours spent during two consecutive days of not less than six hours
each day and served as prescribed by the program requirements of the
Intoxicated Driver Resource Centers established under subsection (f) of this
section and, in the discretion of the court, a term of imprisonment of not more
than 30 days and shall forthwith forfeit his right to operate a motor vehicle
over the highways of this State for a period of three months;(ii)if the person's blood
alcohol concentration is 0.10% or higher, or the person operates a motor
vehicle while under the influence of narcotic, hallucinogenic or
habit-producing drug, or the person permits another person who is under the
influence of narcotic, hallucinogenic or habit-producing drug to operate a
motor vehicle owned by him or in his custody or control, or permits another
person with a blood alcohol concentration of 0.10% or more to operate a motor
vehicle, to a fine of not less than $300 nor more than $500 and a period of
detainment of not less than 12 hours nor more than 48 hours spent during two
consecutive days of not less than six hours each day and served as prescribed
by the program requirements of the Intoxicated Driver Resource Centers
established under subsection (f) of this section and, in the discretion of the
court, a term of imprisonment of not more than 30 days and shall forthwith
forfeit his right to operate a motor vehicle over the highways of this State
for a period of not less than seven months nor more than one year;(iii)For a first offense, a
person also shall be subject to the provisions of P.L.1999, c.417 (C.39:4-50.16
et al.).(2)For a second violation,
a person shall be subject to a fine of not less than $500 nor more than $1,000,
and shall be ordered by the court to perform community service for a period of
30 days, which shall be of such form and on such terms as the court shall deem
appropriate under the circumstances, and shall be sentenced to imprisonment for
a term of not less than 48 consecutive hours, which shall not be suspended or
served on probation, nor more than 90 days, and shall forfeit his right to
operate a motor vehicle over the highways of this State for a period of two
years upon conviction, and, after the expiration of said period, he may make
application to the Chief Administrator of the New Jersey Motor Vehicle
Commission for a license to operate a motor vehicle, which application may be
granted at the discretion of the chief administrator, consistent with
subsection (b) of this section. For a second violation, a person also
shall be required to install an ignition interlock device under the provisions
of P.L.1999, c.417 (C.39:4-50.16 et al.).(3)For a third or
subsequent violation, a person shall be subject to a fine of $1,000, and shall
be sentenced to imprisonment for a term of not less than 180 days in a county
jail or workhouse, except that the court may lower such term for each day, not
exceeding 90 days, served participating in a drug or alcohol inpatient
rehabilitation program approved by the Intoxicated Driver Resource Center and
shall thereafter forfeit his right to operate a motor vehicle over the highways
of this State for 10 years. For a third or subsequent violation, a person
also shall be required to install an ignition interlock device under the
provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).As used in this section,
the phrase "narcotic, hallucinogenic or habit-producing drug"
includes an inhalant or other substance containing a chemical capable of releasing
any toxic vapors or fumes for the purpose of inducing a condition of
intoxication, such as any glue, cement or any other substance containing one or
more of the following chemical compounds: acetone and acetate, amyl nitrite or
amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl
nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl
nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl
alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol,
pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their
isomers, toluene, toluol or xylene or any other chemical substance capable of
causing a condition of intoxication, inebriation, excitement, stupefaction or
the dulling of the brain or nervous system as a result of the inhalation of the
fumes or vapors of such chemical substance.Whenever an operator of
a motor vehicle has been involved in an accident resulting in death, bodily
injury or property damage, a police officer shall consider that fact along with
all other facts and circumstances in determining whether there are reasonable
grounds to believe that person was operating a motor vehicle in violation of
this section.A conviction of a
violation of a law of a substantially similar nature in another jurisdiction,
regardless of whether that jurisdiction is a signatory to the Interstate Driver
License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall
constitute a prior conviction under this subsection unless the defendant can
demonstrate by clear and convincing evidence that the conviction in the other
jurisdiction was based exclusively upon a violation of a proscribed blood
alcohol concentration of less than 0.08%.If the driving privilege
of any person is under revocation or suspension for a violation of any
provision of this Title or Title 2C of the New Jersey Statutes at the time of
any conviction for a violation of this section, the revocation or suspension
period imposed shall commence as of the date of termination of the existing
revocation or suspension period. In the case of any person who at the
time of the imposition of sentence is less than 17 years of age, the
forfeiture, suspension or revocation of the driving privilege imposed by the
court under this section shall commence immediately, run through the offender's
seventeenth birthday and continue from that date for the period set by the
court pursuant to paragraphs (1) through (3) of this subsection. A court
that imposes a term of imprisonment for a first or second offense under this
section may sentence the person so convicted to the county jail, to the
workhouse of the county wherein the offense was committed, to an inpatient
rehabilitation program or to an Intoxicated Driver Resource Center or other
facility approved by the chief of the Intoxicated Driving Program Unit in the
Department of Health. For a third or subsequent offense a person shall
not serve a term of imprisonment at an Intoxicated Driver Resource Center as
provided in subsection (f).A person who has been
convicted of a previous violation of this section need not be charged as a
second or subsequent offender in the complaint made against him in order to
render him liable to the punishment imposed by this section on a second or
subsequent offender, but if the second offense occurs more than 10 years after
the first offense, the court shall treat the second conviction as a first
offense for sentencing purposes and if a third offense occurs more than 10 years
after the second offense, the court shall treat the third conviction as a
second offense for sentencing purposes.(b)A person convicted under
this section must satisfy the screening, evaluation, referral, program and fee
requirements of the Division of Mental Health and Addiction Services'
Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource
Centers and a program of alcohol and drug education and highway safety, as
prescribed by the chief administrator. The sentencing court shall inform
the person convicted that failure to satisfy such requirements shall result in
a mandatory two-day term of imprisonment in a county jail and a driver license
revocation or suspension and continuation of revocation or suspension until
such requirements are satisfied, unless stayed by court order in accordance
with the Rules Governing the Courts of the State of New Jersey, or
R.S.39:5-22. Upon sentencing, the court shall forward to the Division of
Mental Health and Addiction Services' Intoxicated Driving Program Unit a copy
of a person's conviction record. A fee of $100 shall be payable to the
Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to
section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving
Program Unit.(c)Upon conviction of a
violation of this section, the court shall collect forthwith the New Jersey
driver's license or licenses of the person so convicted and forward such
license or licenses to the chief administrator. The court shall inform
the person convicted that if he is convicted of personally operating a motor
vehicle during the period of license suspension imposed pursuant to subsection
(a) of this section, he shall, upon conviction, be subject to the penalties
established in R.S.39:3-40. The person convicted shall be informed orally and
in writing. A person shall be required to acknowledge receipt of that
written notice in writing. Failure to receive a written notice or failure to
acknowledge in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of R.S.39:3-40. In the event that a
person convicted under this section is the holder of any out-of-State driver's
license, the court shall not collect the license but shall notify forthwith the
chief administrator, who shall, in turn, notify appropriate officials in the
licensing jurisdiction. The court shall, however, revoke the
nonresident's driving privilege to operate a motor vehicle in this State, in
accordance with this section. Upon conviction of a violation of this
section, the court shall notify the person convicted, orally and in writing, of
the penalties for a second, third or subsequent violation of this
section. A person shall be required to acknowledge receipt of that
written notice in writing. Failure to receive a written notice or failure to
acknowledge in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of this section.(d)The chief administrator
shall promulgate rules and regulations pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish
a program of alcohol education and highway safety, as prescribed by this act.(e)Any person accused of a
violation of this section who is liable to punishment imposed by this section
as a second or subsequent offender shall be entitled to the same rights of
discovery as allowed defendants pursuant to the Rules Governing the Courts of
the State of New Jersey.(f)The counties, in
cooperation with the Division of Mental Health and Addiction Services and the
commission, but subject to the approval of the Division of Mental Health and
Addiction Services, shall designate and establish on a county or regional basis
Intoxicated Driver Resource Centers. These centers shall have the
capability of serving as community treatment referral centers and as court
monitors of a person's compliance with the ordered treatment, service
alternative or community service. All centers established pursuant to
this subsection shall be administered by a counselor certified by the Alcohol
and Drug Counselor Certification Board of New Jersey or other professional with
a minimum of five years' experience in the treatment of alcoholism. All
centers shall be required to develop individualized treatment plans for all
persons attending the centers; provided that the duration of any ordered
treatment or referral shall not exceed one year. It shall be the center's
responsibility to establish networks with the community alcohol and drug
education, treatment and rehabilitation resources and to receive monthly
reports from the referral agencies regarding a person's participation and
compliance with the program. Nothing in this subsection shall bar these
centers from developing their own education and treatment programs; provided
that they are approved by the Division of Mental Health and Addiction Services.Upon a person's failure
to report to the initial screening or any subsequent ordered referral, the
Intoxicated Driver Resource Center shall promptly notify the sentencing court
of the person's failure to comply.Required detention
periods at the Intoxicated Driver Resource Centers shall be determined
according to the individual treatment classification assigned by the
Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver
Resource Center, a person shall be required to pay a per diem fee of $75 for
the first offender program or a per diem fee of $100 for the second offender
program, as appropriate. Any increases in the per diem fees after the
first full year shall be determined pursuant to rules and regulations adopted
by the Commissioner of Health in consultation with the Governor's Council on
Alcoholism and Drug Abuse pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.).The centers shall
conduct a program of alcohol and drug education and highway safety, as
prescribed by the chief administrator.The Commissioner of
Health shall adopt rules and regulations pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to
effectuate the purposes of this subsection.(g)When a violation of this
section occurs while:(1)on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;(2)driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or(3)driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution, the convicted person shall: for a first offense, be fined not less
than $500 or more than $800, be imprisoned for not more than 60 days and have
his license to operate a motor vehicle suspended for a period of not less than
one year or more than two years; for a second offense, be fined not less than
$1,000 or more than $2,000, perform community service for a period of 60 days,
be imprisoned for not less than 96 consecutive hours, which shall not be
suspended or served on probation, nor more than 180 days, except that the court
may lower such term for each day, not exceeding 90 days, served performing
community service in such form and on such terms as the court shall deem
appropriate under the circumstances and have his license to operate a motor
vehicle suspended for a period of four years; and, for a third offense, be
fined $2,000, imprisoned for 180 days in a county jail or workhouse, except
that the court may lower such term for each day, not exceeding 90 days, served
participating in a drug or alcohol inpatient rehabilitation program approved by
the Intoxicated Driver Resource Center, and have his license to operate a motor
vehicle suspended for a period of 20 years; the period of license suspension
shall commence upon the completion of any prison sentence imposed upon that
person.A map or true copy of a
map depicting the location and boundaries of the area on or within 1,000 feet
of any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1)
of this subsection.It shall not be relevant
to the imposition of sentence pursuant to paragraph (1) or (2) of this
subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing. Nor shall it be relevant to the imposition of
sentence that no juveniles were present on the school property or crossing zone
at the time of the offense or that the school was not in session.(h)A court also may order a
person convicted pursuant to subsection (a) of this section, to participate in
a supervised visitation program as either a condition of probation or a form of
community service, giving preference to those who were under the age of 21 at
the time of the offense. Prior to ordering a person to participate in
such a program, the court may consult with any person who may provide useful
information on the defendant's physical, emotional and mental suitability for
the visit to ensure that it will not cause any injury to the defendant.
The court also may order that the defendant participate in a counseling session
under the supervision of the Intoxicated Driving Program Unit prior to
participating in the supervised visitation program. The supervised
visitation program shall be at one or more of the following facilities which
have agreed to participate in the program under the supervision of the
facility's personnel and the probation department:(1)a trauma center,
critical care center or acute care hospital having basic emergency services,
which receives victims of motor vehicle accidents for the purpose of observing
appropriate victims of drunk drivers and victims who are, themselves, drunk
drivers;(2)a facility which cares
for advanced alcoholics or drug abusers, to observe persons in the advanced
stages of alcoholism or drug abuse; or(3)if approved by a county
medical examiner, the office of the county medical examiner or a public morgue
to observe appropriate victims of vehicle accidents involving drunk drivers.As used in this section,
"appropriate victim" means a victim whose condition is determined by
the facility's supervisory personnel and the probation officer to be
appropriate for demonstrating the results of accidents involving drunk drivers
without being unnecessarily gruesome or traumatic to the defendant.If at any time before or
during a visitation the facility's supervisory personnel and the probation
officer determine that the visitation may be or is traumatic or otherwise
inappropriate for that defendant, the visitation shall be terminated without
prejudice to the defendant. The program may include a personal conference
after the visitation, which may include the sentencing judge or the judge who
coordinates the program for the court, the defendant, defendant's counsel, and,
if available, the defendant's parents to discuss the visitation and its effect
on the defendant's future conduct. If a personal conference is not
practicable because of the defendant's absence from the jurisdiction,
conflicting time schedules, or any other reason, the court shall require the
defendant to submit a written report concerning the visitation experience and
its impact on the defendant. The county, a court, any facility visited
pursuant to the program, any agents, employees, or independent contractors of
the court, county, or facility visited pursuant to the program, and any person
supervising a defendant during the visitation, are not liable for any civil
damages resulting from injury to the defendant, or for civil damages associated
with the visitation which are caused by the defendant, except for willful or
grossly negligent acts intended to, or reasonably expected to result in, that
injury or damage.The Supreme Court may
adopt court rules or directives to effectuate the purposes of this subsection.(i)In addition to any other
fine, fee, or other charge imposed pursuant to law, the court shall assess a person
convicted of a violation of the provisions of this section a surcharge of $125,
of which amount $50 shall be payable to the municipality in which the
conviction was obtained, $50 shall be payable to the Treasurer of the State of
New Jersey for deposit into the General Fund, and $25 which shall be payable as
follows: in a matter where the summons was issued by a municipality's law
enforcement agency, to that municipality to be used for the cost of equipping
police vehicles with mobile video recording systems pursuant to the provisions
of section 1 of P.L.2014, c.54 (C.40A:14-118.1); in a matter where the summons
was issued by a county's law enforcement agency, to that county; and in a
matter where the summons was issued by a State law enforcement agency, to the
General Fund.amended 1952, c.286;
1964, c.137; 1965, c.134; 1966, c.141, s.1; 1971, c.103; 1977, c.29, s.1; 1981,
c.47, s.1; 1981, c.537, s.1; 1982, c.53, s.2; 1982, c.58, s.1; 1983, c.90, s.2;
1983, c.129, s.1; 1983, c.444, ss.1,3, (s.3 eff. date amended 1984, c.4, s.2);
1984, c.243, s.1; 1986, c.126; 1993, c.296, s.6; 1994, c.184, s.1; 1995, c.243;
1997, c.277, s.1; 1999, c.185, s.4; 1999, c.417, s.7; 2000, c.83, s.1; 2000,
c.117; 2001, c.12; 2002, c.34, s.17; 2003, c.314, s.2; 2003, c.315, s.2; 2004,
c.8, s.2; 2009, c.201, s.1; 2014, c.54, s.2.
