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Drinking and Drugged Driving
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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.
The Penalties
1st Offense:
- a fine of $250-$500*
- imprisonment for up to 30 days*
- License suspension for 3 months for .08-.10 BAC or 7 months to 1 year for greater than .10 *
- 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
- an automobile insurance surcharge of $1,000 a year for 3 years
- a Division of Motor Vehicle restoration fee of $50
- an Intoxicated Driving Program fee of $100
- a Violent Crimes Compensation Fund fee of $50
- a Safe and Secure Community Program fee of $75
- $100 surcharge to be deposited in a drunk driving enforcement fund
FILOMENA'S LAW - January 1, 2000
* This penalty is increased substantially if it occurs within a school zone or school crossing.
Public Law 99, Chapter 185.
MICHAEL'S LAW - January 20, 2004
Requires a person who commits a third or subsequent DWI offense to serve a 180 jail prison term in a county jail or workhouse.
JOHN'S LAW - August 1, 2001
1) Allows law enforcement agencies to impound the vehicle of a person who has been arrested for DWI for a period of 12 hours after the time of arrest.
2) Requires law enforcement agencies to provide a written statement to the person transporting the arrestee from the law enforcement agency regarding potential civil and criminal liability for permitting or facilitating the arrestee's operation of a motor vehicle while still intoxicated.
Refusal to submit to a blood test
1st offense:
- $300 - 500 fine and a 7 month to 1 year license suspension
- automobile surcharge of $1,000 a year for three years
- $100 surcharge to be deposited in a drunk driving enforcement fund
- requirements set by the IDRC
Parents and Guardians - A new provision in 2000 (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 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.
Underage Drinking and Driving - In New Jersey, you must be 21 to purchase, possess or consume alcoholic beverages.
- If you are under 21 and buy or drink alcohol in a place with an alcoholic beverage license and you may be fined $500 and lose your license for 6 months.
- If you are under 21 and drive with any detectable amount of alcohol in your system (0.01 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
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