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a) Operating Motor Vehicles While Under the Influence of
Intoxicants (N.J.S.A. 17:29A-35b(2) and 39:4-50)
Definition
A person is said to be legally drunk in New Jersey if
his/her blood alcohol concentration is at or above 0.10%. A person may
also be arrested when his/her blood alcohol concentration is below 0.10%
if the individual's driving ability is considered to be unsafe. In either
case, the person is charged with Driving While Intoxicated (DWI).
Penalties
All persons convicted of DWI must pay an insurance
surcharge of at least $1,000 per year for three years.
In addition:
For a first offense, there are additional fines and
charges of at least $470 (bringing the total minimum charges for a first
offense to $3,470); loss of license for 6-12 months; and a requirement to
spend 12-48 hours in an Intoxicated Driver Resource Center. A first-time
offender also faces a possible 30-day jail term.
For a second offense, there are additional fines and
charges of at least $720; loss of license for 2 years; a requirement to
perform 30 days of community service and to spend 48 hours in an
Intoxicated Driver Resource Center or jail. There is
also a possible 90-day jail term.
For a third offense, there are additional fines and
charges of at least $1,220; loss of license for 10 years; and a 180-day
jail term. The insurance surcharge for a third-time offender is at least
$1,500 per year for three years.
These fines and charges do not include court and legal
fees.
b) Driving While License Is Suspended Due to DWI (N.J.S.A.
39:3-40)
If a person is found driving while his/her license is
suspended due to a conviction of Driving While Intoxicated, he/she will
lose his/her license for an additional 1-2 years, be fined $500 and face a
possible 90-day jail term. If he/she is involved in an accident that
results in an injury, he/she faces a mandatory 45-day jail sentence.
c) Refusal to Take the Breathalyzer Test (N.J.S.A.
39:4-50.4a)
Refusal to take the breathalyzer test where there is
probable cause for arrest for DWI will result in a 6-month loss of
license, a fine of $250-$500, and an obligation to satisfy the
requirements of an alcohol education or rehabilitation program. A person
can also be convicted of DWI without the results of a breathalyzer test.
In that case, he/she will suffer all the additional fines and penalties
specified for the DWI conviction.
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