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Under
New Jersey Law (P.L. 2003, CHAPTER 314),
if an offender’s BAC is 0.08 percent
or higher, but less than 0.10 percent,
or if an offender permits another person
with a BAC over 0.08 percent, but less
than 0.10 percent to operate a motor vehicle,
the penalties are: |
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A
fine of $250-$400* |
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Imprisonment
for up to 30 days* |
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3
months license suspension* |
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A
minimum of six hours a day for two
consecutive days in an Intoxicated
Driver Resource Center |
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An
automobile insurance surcharge of
$1,000 a year for 3 years. |
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If
the offenders’s BAC is 0.10 percent
or higher, or the person operates a motor
vehicle while under the influence of a
narcotic, hallucinogenic or habit-producing
drug, or permits another person with a
BAC of 0.10 percent to operate a motor
vehicle, the penalties are: |
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A
fine of $300-$500* |
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Imprisonment
for up to 30 days* |
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A
license suspension between 7 months and
1 year* |
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A
minimum of six hours a day for two
consecutive days in an Intoxicated
Driver Resource Center |
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An
automobile insurance surcharge of
$1,000 a year for 3 years |
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Offenders
with a BAC of 0.15 percent or higher must
install an ignition interlock device in
any vehicle they principally operate during
the license suspension period and for
a period of 6 months to 1 year after license
restoration. |
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2nd
Offense |
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A
fine of $500-$1,000* |
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Imprisonment
of at least 48 consecutive hours,
and up to 90 days* |
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2-year
license suspension* |
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48
consecutive hours detainment in
a regional Intoxicated Driver Resource
Center. |
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An
automobile insurance surcharge of
$1,000 a year for 3 years. |
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Installation
of an ignition interlock device
for a period of 1 year to 3 years
after license restoration. |
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3rd
Offense |
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A
fine of $1,000* |
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Imprisonment
of 180 days* |
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10-year
license suspension* |
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Detainment
in an in-patient alcoholism treatment
program |
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A
fee to be paid to the Intoxicated
Driver Resource Center dependent
upon court sentence |
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An
automobile insurance surcharge of
$1500 a year for 3 years |
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Installation
of an ignition interlock device
for a period of 1 year to 3 years
after license restoration. |
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Any
Offense Also Carries |
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$100
surcharge to be deposited in the
Drunk Driving Enforcement Fund |
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A
Motor Vehicle Commission restoration
fee of $100 and an Intoxicated Driving
Program fee of $100 |
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A
Violent Crimes Compensation Fund
fee of $50 |
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A
Safe and Secure Community Program
fee of $75 |
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| Registration
Revocation/Ignition Interlock |
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addition to these penalties, judges may
order the revocation of the vehicle registration
(Public Law 2000, Chapter 83). |
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ignition interlock device, which measures
the driver’s blood alcohol level,
may be required for up to three years
following license restoration after a
DWI conviction. Any person may start a
motor vehicle equipped with an interlock
device for safety reasons or to repair
the device or motor vehicle, but the convicted
offender may
not operate the vehicle. |
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person who, on behalf of the convicted
offender, blows into an interlock device
to start a motor vehicle or tampers with
the device to circumvent its operation
may be charged with a disorderly persons
offense. |
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 MVC
Ignition Interlock Page |
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| Consequences
of Underage Drinking and Driving |
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| In
New Jersey, you must be at least 21 years
of age 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. |
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you are under 21 and buy or drink alcohol
in a place with an alcohol beverage license,
you may be fined $500 and lose your driver
license for 6 months. If you do not have
your driver license, the suspension starts
when you are first eligible to receive
a license. Also you may be required to
participate in an alcohol education or
treatment program. |
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you are under 21, drive with any detectable
amount of alcohol in your system (.01
BAC or above), and are convicted for violating
New Jersey’s zero tolerance law,
the penalties are: |
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Loss
or postponement of driving privileges
for 30 to 90 days
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15
to 30 days of community service
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Participation
in an alcohol and traffic safety
education program |
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| Driving
with a Suspended License Due to Driving
While Intoxicated – The Penalties
are: |
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A
fine of $500* |
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10
to 90 days imprisonment* |
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1
to 2 years added license suspension*
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If
you are involved in a crash while
your license is suspended and someone
is hurt, you face a mandatory 45
day jail sentence*
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Revocation
of motor vehicle registration* |
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| Refusal
to Submit to Breath Test – The Penalties
are: |
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1st
offense -
$300-$500 fine and a license suspension
of not less than seven months or
more than one year*
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2nd
offense -
$500-$1,000 fine and a 2-year license
suspension* |
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3rd
offense -
$1,000 fine and a 10-year license
suspension* |
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Installation
of an ignition interlock device
for a period of 6 months to 1 year
after license restoration for the
1st offense, 1 year to 3 years for
the 2nd and 3rd offenses. |
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Automobile
insurance surcharge of $1,000 a
year for 3 years for 1st and 2nd
offenses, $1,500 for 3rd offense
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$100
surcharge to be deposited in the
Drunk Driving Enforcement Fund |
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Referral
to an Intoxicated Driver Resource
Center |
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| Possessing
an Open Container in the Passenger Compartment
–
The Penalties are: |
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1st offense -
$200 |
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2nd
offense - $250 fine or 10 days
of community service |
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