Driving
Under the Influence in New Jersey
Laws
and Penalties
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
judgement, vision and alertness.
If you consume any amount of
alcohol and your driving is affected, you can be convicted of drunk
driving.
New Law Enacted in 2000
A new provision (Public Law 99,
Chapter 410) was added to New Jersey's driving under the influence
laws and penalties.
A parent or guardian who is
convicted and who has a minor under age 17 as a passenger in the motor
vehicle is also guilty of a disorderly persons offense .
In addition to the penalties
otherwise prescribed by law, a person shall forfeit the right to
operate a motor vehicle for a period of not more than six months and
shall be ordered to perform community service for a period of not more
than five days.
The Penalties
1st Offense:
- a fine of $250-$400*
- imprisonment for up to 30 days*
- 6 months to 1-year license suspension*
- a minimum of 6 hours a day for 2 days
detainment in an Intoxicated Driver Resource Center (IDRC), at a
charge of $75 a day
- $100 surcharge to be deposited in a drunk
driving enforcement fund
- an automobile insurance surcharge of $1,000 a
year for 3 years
- a Division of Motor vehicles restoration fee
of $50 and an Intoxicated Driving Program fee of $100
- a Violent Crimes Compensation Fund fee of $50
- a Safe and Secure Community Program fee of
$75
* If occurring within a school zone
or school crossing, this penalty is increased under Public Law 99,
Chapter 185.
2nd Offense:
- a fine of $500-$1,000*
- imprisonment of at least 48 consecutive
hours, and up to 90 days*
- 2-year license suspension*
- 48 consecutive hours detainment in a regional
Intoxicated Driver Resource Center, at a charge of $100 a day
- $100 surcharge to be deposited in a drunk
driving enforcement fund
- an automobile insurance surcharge of $1,000 a
year for 3 years
- a Division of Motor Vehicles restoration fee
of $50 and an Intoxicated Driving Program fee of $100
- a Violent Crimes Compensation Fund fee of $50
- a Safe and Secure Community Program fee of
$75
* If occurring within a school zone
or school crossing, this penalty is increased under Public Law 99,
Chapter 185.
3rd Offense:
- a fine of $1,000*
- imprisonment of 180 days
- 10-year license suspension*
- detainment in an in-patient alcoholism
treatment program
- requirements set by the Intoxicated Driving
Program/Intoxicated Driver Resource Center
- a fee to be paid to the Intoxicated Driver
Resource Center dependent upon court sentence
- $100 surcharge to be deposited in a drunk
driving enforcement fund
- an automobile insurance surcharge of $1,500 a
year for 3 years
- a Division of Motor Vehicles restoration fee
of $50 and an Intoxicated Driving Program fee of $100
- a Violent Crimes Compensation Fund fee of $50
- a Safe and Secure Community Program fee of
$75
* If occurring within a school zone
or school crossing, this penalty is increased under Public Law 99,
Chapter 185.
Consequences of Underage Drinking and Driving
In New Jersey, you must be 21 to
purchase, possess or consume alcoholic beverages. Underage
drinking is illegal and can have severe consequences for young people
who drink and for adults who provide alcoholic beverages to those
under 21.
Buy or drink alcohol in a place
with an alcohol beverage license, and you be may be fined $500 and
lose your license for 6 months. If you do not have your driver's
license, the suspension starts when you are first eligible to receive
a license, and you may be required to participate in an alcohol
education or treatment program.
If you are under 21 and drive with
any detectable amount of alcohol in your system (.01 BAC or above),
you will be subjected to the following penalties:
- loss or postponement of driving privileges
for 30 to 90 days
- 15 to 30 days of community service
- participation in a program of alcohol
education and highway safety
Driving with a suspended license due to Driving
Under the Influence
- a fine of $500
- 10 to 90 days imprisonment
- 1 to 2 years added license suspension
- if you have an accident and someone is hurt
while your license is suspended, you face a mandatory 45 day jail
sentence
- revocation of motor vehicle registration
Refusal to Submit to Breath Test
- 1st offense - $250-$500 fine and a 6-month
license suspension*
- 2nd offense - $250-$500 fine and a 2-year
license suspension*
- 3rd offense - $250-$500 fine and a 10-year
license suspension*
- automobile insurance surcharge of $1,000 a
year for 3 years for 1st and 2nd offenses, $1,500 for 3rd offense.
- $100 surcharge to be deposited in a drunk
driving enforcement fund
- requirements set by the Intoxicated Driving
Program/Intoxicated Driver Resource Center
Possessing an Open Container in the passenger
compartment
- 1st offense - $200
- 2nd offense - $250 fine or 10 days of
community service
A Drink is a Drink is a
Drink...
|
Beer
|
Wine
|
Alcohol
|
|
Volume
|
12 oz.
|
5 oz.
|
1-1/3 oz.
|
|
Percent Alcohol
|
4.5%
|
11%
|
40%
|
|
Amount Alcohol
|
.54 oz
|
.55 oz
|
.53 oz
|
Source:
Division of Highway Traffic Safety Association - Trenton, N.J.
08625-0048
The Drink Wheel
On-Line BrAC Calculator
About
Disclaimer
The Intoximeters Inc. "Drink Wheel"1 is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.
Why is it called a "Drink Wheel"?
We call it the "Drink Wheel" because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.
It would be extremely foolish for us
to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.
A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.
The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.
Courtesy of
Intoximeters, Inc.
|
