Overview of drunk driving offenses in New Jersey

April 17, 2013

Overview of drunk driving offenses in New Jersey

Article provided by Sitzler & Sitzler
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New Jersey's drunk driving laws reflect how seriously the state takes driving while intoxicated. The state imposes stiff fines, license suspensions and alcohol education for most drunk driving offenses and jail time and other penalties for serious and multiple offenses.

How New Jersey defines impairment

In New Jersey, drivers are considered impaired if they operate a vehicle with a blood alcohol content, or BAC, of .08 percent or higher. However, it is possible for drivers to be charged with drunk driving with a lower BAC if an officer feels a motorist's driving is negatively impacted by the impairment. Additionally, the state can charge an individual with a DWI if they allow someone they know is intoxicated to drive.

The state's definition of driving while intoxicated also includes those who drive while under the influence of narcotics, hallucinogenic drugs or habit-producing drugs.

DWI: First, second and third offenses

Penalties for a first DWI offense differ depending on the driver's BAC. If convicted, drivers with BACs between .08 and .1 percent face $250 to $400 in fines, up to 30 days in jail and a license suspension of three months. They also face a two consecutive six-hour days of education at the Intoxicated Driver Resource Center and a surcharge on their car insurance of $1,000 per year for three years.

Drivers convicted of their first DWI offense with a BAC of .1 percent or higher also face up to 30 days in jail, two consecutive six-hour days of education at the Intoxicated Driver Resource Center and a $1,000 surcharge on their car insurance every year for three years. However, they face higher fines between $350 and $500 and a seven to 12-month suspension of their licenses. Those with a BAC .15 percent or higher must also install an ignition interlock device in their vehicles for six to 12 months after their licenses have been reinstated.

A second DWI offense carries stiffer penalties. If convicted, drivers face a $500 to $1,000 fine, 48 hours to 90 days in jail, a two-year license suspension, 48 consecutive hours contained in the Intoxicated Driver Resource Center, a $1,000 surcharge on their car insurance every year for three years and installation of an ignition interlock device in their cars for one to three years after license reinstatement.

The third DWI offense carries a $1,000 fine, 180 days in jail, a 10-year license suspension, containment in an alcoholism treatment center, a $1,500 surcharge on car insurance every year for three years and the installation of an ignition interlock device for one to three years after license reinstatement. Third-DWI offenders may also need to pay a fee to the Intoxicated Driver Resource Center.

In addition to these tough consequences, a driver convicted of any DWI offense is required to pay fees to the Drunk Driving Enforcement Fund, the Motor Vehicle Commission and the Intoxicated Driving program.

Other DWI-related offenses

In addition to DWI offenses, New Jersey imposes penalties for other types of DWI-related offenses. Refusing a breath test carries some of the toughest penalties. A first offense may result in a $300 to $500 fine, suspended license for seven to 12 months, installation of an ignition interlock device for six to 12 months after the license is reinstated and a $1,000 surcharge on car insurance every year for three years. Subsequent offenses increase the fine, license suspension and length of time the ignition interlock device is required.

New Jersey has a zero-tolerance law for underage drunk drivers. Drivers under the age of 21 with a BAC of .01 percent or higher can lose their driving privileges for 30 to 90 days, serve 15 to 30 days of community service and take an alcohol and traffic safety education course.

Driving while intoxicated with a minor in the vehicle carries other consequences. In addition to the DWI offense, driving with a minor in the vehicle results in a disorderly persons charge. If convicted, drivers face five days of community service and forfeiture of driving privileges for up to six months.

Drunk driving laws in New Jersey impose tough penalties on those convicted of DWI. That is why it is important to hire an experienced criminal defense attorney to contest the charges. If you or a loved one has been charged with a DWI or DWI-related offense, contact an experienced criminal defense lawyer.