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Looking for information on New Jersey DWI? DWI (Driving While
Intoxicated) and the synonymous acronym, DUI (Driving Under the
Influence) is prohibited by New Jersey Statutory Law. Statutory Law
is law enacted by the New Jersey State Legislature - called a
Statute. Because all Statutes are subject to disputes and
interpretation, when a dispute arises, Statutes are interpreted by
Courts (i.e. Judges) and "Case Law" (as opposed to Statutory Law) is
created.
The following contains verbatim texts of some of the pertinent New
Jersey’s DWI Statutory Authority. Numbered and bolded headers have
been added below to organize the Statutes.
DWI - N.J.S.A. 39:4-50
(a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject
PENALTIES – FIRST OFFENSE .08% BAC or
“Under The Influence”
(1) For the first offense:
(i) if the person's blood alcohol concentration is 0.08% or higher
but less than 0.10%, or the person operates a motor vehicle while
under the influence of intoxicating liquor, or the person permits
another person who is under the influence of intoxicating liquor to
operate a motor vehicle owned by him or in his custody or control or
permits another person with a blood alcohol concentration of 0.08%
or higher but less than 0.10% to operate a motor vehicle, to a fine
of not less than $250 nor more than $400 and a period of detainment
of not less than 12 hours nor more than 48 hours spent during two
consecutive days of not less than six hours each day and served as
prescribed by the program requirements of the Intoxicated Driver
Resource Centers established under subsection (f) of this section
and, in the discretion of the court, a term of imprisonment of not
more than 30 days and shall forthwith forfeit his right to operate a
motor vehicle over the highways of this State for a period of three
months;
PENALTIES – FIRST OFFENSE .10% BAC or
Higher or Under The Influence of Drugs.
(ii) if the person's blood alcohol concentration is 0.10% or higher,
or the person operates a motor vehicle while under the influence of
narcotic, hallucinogenic or habit-producing drug, or the person
permits another person who is under the influence of narcotic,
hallucinogenic or habit-producing drug to operate a motor vehicle
owned by him or in his custody or control, or permits another person
with a blood alcohol concentration of 0.10% or more to operate a
motor vehicle, to a fine of not less than $300 nor more than $500
and a period of detainment of not less than 12 hours nor more than
48 hours spent during two consecutive days of not less than six
hours each day and served as prescribed by the program requirements
of the Intoxicated Driver Resource Centers established under
subsection (f) of this section and, in the discretion of the court,
a term of imprisonment of not more than 30 days and shall forthwith
forfeit his right to operate a motor vehicle over the highways of
this State for a period of not less than seven months nor more than
one year;
(iii) For a first offense, a person also shall be subject to the
provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.). PENALTIES
– SECOND OFFENSE
(2) For a second violation, a person shall be subject to a fine of
not less than $500.00 nor more than $1,000.00, and shall be ordered
by the court to perform community service for a period of 30 days,
which shall be of such form and on such terms as the court shall
deem appropriate under the circumstances, and shall be sentenced to
imprisonment for a term of not less than 48 consecutive hours, which
shall not be suspended or served on probation, nor more than 90
days, and shall forfeit his right to operate a motor vehicle over
the highways of this State for a period of two years upon
conviction, and, after the expiration of said period, he may make
application to the Chief Administrator of the New Jersey Motor
Vehicle Commission for a license to operate a motor vehicle, which
application may be granted at the discretion of the chief
administrator, consistent with subsection (b) of this section. For a
second violation, a person also shall be required to install an
ignition interlock device under the provisions of P.L.1999, c. 417
(C.39:4-50.16 et al.) or shall have his registration certificate and
registration plates revoked for two years under the provisions of
section 2 of P.L.1995, c. 286 (C.39:3-40.1).
PENALTIES
– THIRD OR SUBSEQUENT OFFENSE
(3) For a third or subsequent violation, a person shall be subject
to a fine of $1,000.00, and shall be sentenced to imprisonment for a
term of not less than 180 days in a county jail or workhouse, except
that the court may lower such term for each day, not exceeding 90
days, served participating in a drug or alcohol inpatient
rehabilitation program approved by the Intoxicated Driver Resource
Center and shall thereafter forfeit his right to operate a motor
vehicle over the highways of this State for 10 years. For a third or
subsequent violation, a person also shall be required to install an
ignition interlock device under the provisions of P.L.1999, c. 417
(C.39:4-50.16 et al.) or shall have his registration certificate and
registration plates revoked for 10 years under the provisions of
section 2 of P.L.1995, c. 286 (C.39:3-40.1).
As used in this section, the phrase "narcotic, hallucinogenic or
habit-producing drug" includes an inhalant or other substance
containing a chemical capable of releasing any toxic vapors or fumes
for the purpose of inducing a condition of intoxication, such as any
glue, cement or any other substance containing one or more of the
following chemical compounds: acetone and acetate, amyl nitrite or
amyl nitrate or their isomers, benzene, butyl alcohol, butyl
nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl
alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride,
isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl
ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol,
petroleum ether, propyl nitrite or propyl nitrate or their isomers,
toluene, toluol or xylene or any other chemical substance capable of
causing a condition of intoxication, inebriation, excitement,
stupefaction or the dulling of the brain or nervous system as a
result of the inhalation of the fumes or vapors of such chemical
substance.
PROBABLE CAUSE WHEN THERE IS AN ACCIDENT
Whenever an operator of a motor vehicle has been involved in an
accident resulting in death, bodily injury or property damage, a
police officer shall consider that fact along with all other facts
and circumstances in determining whether there are reasonable
grounds to believe that person was operating a motor vehicle in
violation of this section.
MISCELLANEOUS SENTENCING ISSUES
A conviction of a violation of a law of a substantially similar
nature in another jurisdiction, regardless of whether that
jurisdiction is a signatory to the Interstate Driver License Compact
pursuant to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a
prior conviction under this subsection unless
the defendant can demonstrate by clear and convincing evidence that
the conviction in the other jurisdiction was based exclusively upon
a violation of a proscribed blood alcohol concentration of less than
0.08%.
If the driving privilege of any person is under revocation or
suspension for a violation of any provision of this Title or Title
2C of the New Jersey Statutes at the time of any conviction for a
violation of this section, the revocation or suspension period
imposed shall commence as of the date of termination of the existing
revocation or suspension period. In the case of any person who at
the time of the imposition of sentence is less than 17 years of age,
the forfeiture, suspension or revocation of the driving privilege
imposed by the court under this section shall commence immediately,
run through the offender's seventeenth birthday and continue from
that date for the period set by the court pursuant to paragraphs (1)
through (3) of this subsection. A court that imposes a term of
imprisonment for a first or second offense under this section may
sentence the person so convicted to the county jail, to the
workhouse of the county wherein the offense was committed, to an
inpatient rehabilitation program or to an Intoxicated Driver
Resource Center or other facility approved by the chief of the
Intoxicated Driving Program Unit in the Department of Health and
Senior Services. For a third or subsequent offense a person shall
not serve a term of imprisonment at an Intoxicated Driver Resource
Center as provided in subsection (f).
A person who has been convicted of a previous violation of this
section need not be charged as a second or subsequent offender in
the complaint made against him in order to render him liable to the
punishment imposed by this section on a second or subsequent
offender, but if the second offense occurs more than 10 years after
the first offense, the court shall treat the second conviction as a
first offense for sentencing purposes and if a third offense occurs
more than 10 years after the second offense, the court shall treat
the third conviction as a second offense for sentencing purposes.
INTOXICATED DRIVER RESOURCE CENTER
(b) A person convicted under this section must satisfy the
screening, evaluation, referral, program and fee requirements of the
Division of Alcoholism and Drug Abuse's Intoxicated Driving Program
Unit, and of the Intoxicated Driver Resource Centers and a program
of alcohol and drug education and highway safety, as prescribed by
the chief administrator. The sentencing court shall inform the
person convicted that failure to satisfy such requirements shall
result in a mandatory two-day term of imprisonment in a county jail
and a driver license revocation or suspension and continuation of
revocation or suspension until such requirements are satisfied,
unless stayed by court order in accordance with the Rules Governing
the Courts of the State of New Jersey, or R.S.39:5-22. Upon
sentencing, the court shall forward to the Division of Alcoholism
and Drug Abuse's Intoxicated Driving Program Unit a copy of a
person's conviction record. A fee of $100.00 shall be payable to the
Alcohol Education, Rehabilitation and Enforcement Fund established
pursuant to section 3 of P.L. 1983, c. 531 (C.26:2B-32) to support
the Intoxicated Driving Program Unit. COURT
NOTICE REQUIREMENTS TO PERSON CONVICTED
(c) Upon conviction of a violation of this section, the court shall
collect forthwith the New Jersey driver's license or licenses of the
person so convicted and forward such license or licenses to the
chief administrator. The court shall inform the person convicted
that if he is convicted of personally operating a motor vehicle
during the period of license suspension imposed pursuant to
subsection (a) of this section, he shall, upon conviction, be
subject to the penalties established in R.S.39:3-40. The person
convicted shall be informed orally and in writing. A person shall be
required to acknowledge receipt of that written notice in writing.
Failure to receive a written notice or failure to acknowledge in
writing the receipt of a written notice shall not be a defense to a
subsequent charge of a violation of R.S.39:3-40. In the event that a
person convicted under this section is the holder of any
out-of-State driver's license, the court shall not collect the
license but shall notify forthwith the chief administrator, who
shall, in turn, notify appropriate officials in the licensing
jurisdiction. The court shall, however, revoke the nonresident's
driving privilege to operate a motor vehicle in this State, in
accordance with this section. Upon conviction of a violation of this
section, the court shall notify the person convicted, orally and in
writing, of the penalties for a second, third or subsequent
violation of this section. A person shall be required to acknowledge
receipt of that written notice in writing. Failure to receive a
written notice or failure to acknowledge in writing the receipt of a
written notice shall not be a defense to a subsequent charge of a
violation of this section.
(d) The chief administrator shall promulgate rules and regulations
pursuant to the "Administrative Procedure Act,"
P.L.1968, c. 410 (C.52:14B-1 et seq.) in order to establish a
program of alcohol education and highway safety, as prescribed by
this act.
DEFENSE RIGHTS TO DISCOVERY
(e) Any person accused of a violation of this section who is liable
to punishment imposed by this section as a second or subsequent
offender shall be entitled to the same rights of discovery as
allowed defendants pursuant to the Rules Governing the Courts of the
State of New Jersey. INTOXICATED
DRIVER RESOURCE CENTER
(f) The counties, in cooperation with the Division of Alcoholism
and Drug Abuse and the commission, but subject to the approval of
the Division of Alcoholism and Drug Abuse, shall designate and
establish on a county or regional basis Intoxicated Driver Resource
Centers. These centers shall have the capability of serving as
community treatment referral centers and as court monitors of a
person's compliance with the ordered treatment, service alternative
or community service. All centers established pursuant to this
subsection shall be administered by a counselor certified by the
Alcohol and Drug Counselor Certification Board of New Jersey or
other professional with a minimum of five years' experience in the
treatment of alcoholism. All centers shall be required to develop
individualized treatment plans for all persons attending the
centers; provided that the duration of any ordered treatment or
referral shall not exceed one year. It shall be the center's
responsibility to establish networks with the community alcohol and
drug education, treatment and rehabilitation resources and to
receive monthly reports from the referral agencies regarding a
person's participation and compliance with the program. Nothing in
this subsection shall bar these centers from developing their own
education and treatment programs; provided that they are approved by
the Division of Alcoholism and Drug Abuse.
Upon a person's failure to report to the initial screening or any
subsequent ordered referral, the Intoxicated Driver Resource Center
shall promptly notify the sentencing court of the person's failure
to comply.
Required detention periods at the Intoxicated Driver Resource
Centers shall be determined according to the individual treatment
classification assigned by the Intoxicated Driving Program Unit.
Upon attendance at an Intoxicated Driver Resource Center, a person
shall be required to pay a per diem fee of $75.00 for the first
offender program or a per diem fee of $100.00 for the second
offender program, as appropriate. Any increases in the per diem fees
after the first full year shall be determined pursuant to rules and
regulations adopted by the Commissioner of Health and Senior
Services in consultation with the Governor's Council on Alcoholism
and Drug Abuse pursuant to the "Administrative Procedure Act,"
P.L.1968, c. 410 (C.52:14B-1 et seq.).
The centers shall conduct a program of alcohol and drug education
and highway safety, as prescribed by the chief administrator.
The Commissioner of Health and Senior Services shall adopt rules
and regulations pursuant to the "Administrative Procedure Act,"
P.L.1968, c. 410 (C.52:14B-1 et seq.), in order to effectuate the
purposes of this subsection.
VIOLATIONS
IN SCHOOL ZONE(S)
(g) When a violation of this section occurs while:
(1) on any school property used for school purposes which is owned
by or leased to any elementary or secondary school or school board,
or within 1,000 feet of such school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if
the municipality, by ordinance or resolution, has designated the
school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1
knowing that juveniles are present if the municipality has not
designated the school crossing as such by ordinance or resolution,
the convicted person shall: for a first offense, be fined not less
than $500 or more than $800, be imprisoned for not more than 60 days
and have his license to operate a motor vehicle suspended for a
period of not less than one year or more than two years; for a
second offense, be fined not less than $1,000 or more than $2,000,
perform community service for a period of 60 days, be imprisoned for
not less than 96 consecutive hours, which shall not be suspended or
served on probation, nor more than 180 days, except that the court
may lower such term for each day, not exceeding 90 days, served
performing community service in such form and on such terms as the
court shall deem appropriate under the circumstances and have his
license to operate a motor vehicle suspended for a period of four
years; and, for a third offense, be fined $2,000, imprisoned for 180
days in a county jail or workhouse, except that the court may lower
such term for each day, not exceeding 90 days, served participating
in a drug or alcohol inpatient rehabilitation program approved by
the Intoxicated Driver Resource Center, and have his license to
operate a motor vehicle suspended for a period of 20 years; the
period of license suspension shall commence upon the completion of
any prison sentence imposed upon that person.
A map or true copy of a map depicting the location and boundaries
of the area on or within 1,000 feet of any property used for school
purposes which is owned by or leased to any elementary or secondary
school or school board produced pursuant to section 1 of P.L.1987,
c. 101 (C.2C:35-7) may be used in a prosecution under paragraph (1)
of this subsection.
It shall not be relevant to the imposition of sentence pursuant to
paragraph (1) or (2) of this subsection that the defendant was
unaware that the prohibited conduct took place while on or within
1,000 feet of any school property or while driving through a school
crossing. Nor shall it be relevant to the imposition of sentence
that no juveniles were present on the school property or crossing
zone at the time of the offense or that the school was not in
session.
DISCRETIONARY SENTENCING ISSUES
(h) A court also may order a person convicted pursuant to subsection
a. of this section, to participate in a supervised visitation
program as either a condition of probation or a form of community
service, giving preference to those who were under the age of 21 at
the time of the offense. Prior to ordering a person to participate
in such a program, the court may consult with any person who may
provide useful information on the defendant's physical, emotional
and mental suitability for the visit to ensure that it will not
cause any injury to the defendant. The court also may order that the
defendant participate in a counseling session under the supervision
of the Intoxicated Driving Program Unit prior to participating in
the supervised visitation program. The
supervised visitation program shall be at one or more of the
following facilities which have agreed to participate in the program
under the supervision of the facility's personnel and the probation
department:
(1) a trauma center, critical care center or acute care hospital
having basic emergency services, which receives victims of motor
vehicle accidents for the purpose of observing appropriate victims
of drunk drivers and victims who are, themselves, drunk drivers;
(2) a facility which cares for advanced alcoholics or drug abusers,
to observe persons in the advanced stages of alcoholism or drug
abuse; or
(3) if approved by a county medical examiner, the office of the
county medical examiner or a public morgue to observe appropriate
victims of vehicle accidents involving drunk drivers.
As used in this section, "appropriate victim" means a victim whose
condition is determined by the facility's supervisory personnel and
the probation officer to be appropriate for demonstrating the
results of accidents involving drunk drivers without being
unnecessarily gruesome or traumatic to the defendant.
If at any time before or during a visitation the facility's
supervisory personnel and the probation officer determine that the
visitation may be or is traumatic or otherwise inappropriate for
that defendant, the visitation shall be terminated without prejudice
to the defendant. The program may include a personal conference
after the visitation, which may include the sentencing judge or the
judge who coordinates the program for the court, the defendant,
defendant's counsel, and, if available, the defendant's parents to
discuss the visitation and its effect on the defendant's future
conduct. If a personal conference is not practicable because of the
defendant's absence from the jurisdiction, conflicting time
schedules, or any other reason, the court shall require the
defendant to submit a written report concerning the visitation
experience and its impact on the defendant. The county, a court, any
facility visited pursuant to the program, any agents, employees, or
independent contractors of the court, county, or facility visited
pursuant to the program, and any person supervising a defendant
during the visitation, are not liable for any civil damages
resulting from injury to the defendant, or for civil damages
associated with the visitation which are caused by the defendant,
except for willful or grossly negligent acts intended to, or
reasonably expected to result in, that injury or damage.
The Supreme Court may adopt court rules or directives to effectuate
the purposes of this subsection.
MISCELLANEOUS OTHER ASSESSMENTS (i) In addition
to any other fine, fee, or other charge imposed pursuant to law, the
court shall assess a person convicted of a violation of the
provisions of this section a surcharge of $100, of which amount $50
shall be payable to the municipality in which the conviction was
obtained and $50 shall be payable to the Treasurer of the State of
New Jersey for deposit into the General Fund.
MISCELLANEOUS
OTHER SENTENCING ISSUES
N.J.S.A. 39:4-51. A
person who has been convicted of a first or second violation of
section 39:4-50 of this Title, and in pursuance thereof has been
imprisoned in a county jail or workhouse in the county in which the
offense was committed, shall not, after commitment, be released
therefrom until the term of imprisonment imposed has been served. A
person imprisoned in the county jail or workhouse may in the
discretion of the court, be released on a work release program.
No warden or other officer having custody of the county jail or
workhouse shall release therefrom a person so committed, unless the
person has been released by the court on a work release program,
until the sentence has been served. A person sentenced to an
inpatient rehabilitation program may upon petition by the treating
agency be released, by the court, to an outpatient rehabilitation
program for the duration of the original sentence.
Nothing in this section shall be construed to interfere in any way
with the operation of a writ of habeas corpus, a proceeding in lieu
of the prerogative writs, or an appeal.
The chief administrator shall adopt such rules and regulations to
effectuate the provisions of this section as he shall deem
necessary.
a. This State's penalties for drunk driving, including the mandatory
suspension of driver's licenses and counseling for offenders, are
among the strongest in the nation. However, despite the severity of
existing penalties, far too many persons who have been convicted
under the drunk driving law continue to imperil the lives of their
fellow citizens by driving while intoxicated.
b. Ignition interlock devices, which permit a motor vehicle to be
started only when the driver is sober, offer a technically feasible
and effective means of further reducing the incidence of drunk
driving. The use of these devices was initiated in California in
1986 and, according to the National Highway Traffic Safety
Administration, they are presently being used or tested in at least
37 states.
c. The judicious deployment of ignition interlock devices, as
provided under this act, will enhance and strengthen this State's
existing efforts to keep drunk drivers off the highways.
N.J.S.A. 39:4-50.17.
Interlock device as additional penalty
a. In sentencing a first offender under R.S.39: 4-50, the court may
order, in addition to any other penalty imposed by that section, the
installation of an interlock device in every motor vehicle owned,
leased or regularly operated by the offender following the
expiration of the period of license suspension imposed under that
section. The device shall remain installed for not less than six
months or more than one year, commencing immediately upon the return
of the offender's driver's license after the required period of
suspension has been served.
b. In sentencing a second or subsequent offender under R.S.39:4-50,
the court may order, in addition to any other penalty imposed by
that section, the installation of an interlock device in every motor
vehicle owned, leased or regularly operated by the offender. The
device shall remain installed for not less than one year or more
than three years, commencing immediately upon the return of the
offender's driver's license after the required period of suspension
has been served.
c. The court shall require that, for the duration of its order, an
offender shall drive no vehicle other than one in which an interlock
device has been installed pursuant to the order.
d. As used in this act, "ignition interlock device" or " device"
means a blood alcohol equivalence measuring device which will
prevent a motor vehicle from starting if the operator's blood
alcohol content exceeds a predetermined level when the operator
blows into the device.
The court shall notify the Director of the Division of Motor
Vehicles when a person has been ordered to install an interlock
device in a vehicle owned, leased or regularly operated by the
person. The division shall require that the device be installed
before reinstatement of the person' s driver's license that has been
suspended pursuant to R.S.39:4-50. The division shall imprint a
notation on the driver's license stating that the person shall not
operate a motor vehicle unless it is equipped with an interlock
device and shall enter this requirement in the person's driving
record.
a. A person who fails to install an interlock device ordered by the
court in a motor vehicle owned, leased or regularly operated by him
shall have his driver's license suspended for one year, in addition
to any other suspension or revocation imposed under R.S.39:4-50,
unless the court determines a valid reason exists for the failure to
comply. A person in whose vehicle an interlock device is installed
pursuant to a court order who drives that vehicle after it has been
started by any means other than his own blowing into the device or
who drives a vehicle that is not equipped with such a device shall
have his driver's license suspended for one year, in addition to any
other penalty applicable by law.
b. A person is a disorderly person who:
(1) Blows into an interlock device or otherwise starts a motor
vehicle equipped with such a device for the purpose of providing an
operable motor vehicle to a person who has been ordered by the court
to install the device in the vehicle.
(2) Tampers or in any way circumvents the operation of an interlock
device.
(3) Knowingly rents, leases or lends a motor vehicle not equipped
with an interlock device to a person who has been ordered by the
court to install an interlock device in a vehicle he owns, leases or
regularly operates.
CONSENT TO GIVING BREATH SAMPLES –
N.J.S.A. 39:4-50.2.
(a) Any person who operates a motor vehicle on any public road,
street or highway or quasi-public area in this State shall be deemed
to have given his consent to the taking of samples of his breath for
the purpose of making chemical tests to determine the content of
alcohol in his blood; provided, however, that the taking of samples
is made in accordance with the provisions of this act and at the
request of a police officer who has reasonable grounds to believe
that such person has been operating a motor vehicle in violation of
the provisions of R.S. 39:4-50.
(b) A record of the taking of any such sample, disclosing the date
and time thereof, as well as the result of any chemical test, shall
be made and a copy thereof, upon his request, shall be furnished or
made available to the person so tested.
(c) In addition to the samples taken and tests made at the direction
of a police officer hereunder, the person tested shall be permitted
to have such samples taken and chemical tests of his breath, urine
or blood made by a person or physician of his own selection.
(d) The police officer shall inform the person tested of his rights
under subsections (b) and (c) of this section.
(e) No chemical test, as provided in this section, or specimen
necessary thereto, may be made or taken forcibly and against
physical resistance thereto by the defendant. The police officer
shall, however, inform the person arrested of the consequences of
refusing to submit to such test in accordance with section 2 of this
amendatory and supplementary act. [FN1] A standard statement,
prepared by the director, shall be read by the police officer to the
person under arrest.
REFUSAL TO SUBMIT PENALTIES
– N.J.S.A. 39:4-50.4
a. Except as provided in subsection b. of this section, the
municipal court shall revoke the right to operate a motor vehicle of
any operator who, after being arrested for a violation of
R.S.39:4-50, shall refuse to submit to a test provided for in
section 2 of P.L.1966, c. 142 (C.39:4-50.2) when requested to do so,
for not less than seven months or more than one year unless the
refusal was in connection with a second offense under this section,
in which case the revocation period shall be for two years or unless
the refusal was in connection with a third or subsequent offense
under this section in which case the revocation shall be for ten
years. A conviction or administrative determination of a violation
of a law of a substantially similar nature in another jurisdiction,
regardless of whether that jurisdiction is a signatory to the
Interstate Driver License Compact pursuant to P.L.1966, c. 73
(C.39:5D-1 et seq.), shall constitute a prior conviction under this
section.
The municipal court shall determine by a preponderance of the
evidence whether the arresting officer had probable cause to believe
that the person had been driving or was in actual physical control
of a motor vehicle on the public highways or quasi-public areas of
this State while the person was under the influence of intoxicating
liquor or a narcotic, hallucinogenic, or habit-producing drug or
marijuana; whether the person was placed under arrest, if
appropriate, and whether he refused to submit to the test upon
request of the officer; and if these elements of the violation are
not established, no conviction shall issue. In addition to any other
requirements provided by law, a person whose operator's license is
revoked for refusing to submit to a test shall be referred to an
Intoxicated Driver Resource Center established by subsection (f.) of
R.S.39:4-50 and shall satisfy the same requirements of the center
for refusal to submit to a test as provided for in section 2 of
P.L.1966, c. 142 (C.39:4-50.2) in connection with a first, second,
third or subsequent offense under this section that must be
satisfied by a person convicted of a commensurate violation of this
section, or be subject to the same penalties as such a person for
failure to do so. For a first offense, the revocation may be
concurrent with or consecutive to any revocation imposed for a
conviction under the provisions of R.S.39:4-50 arising out of the
same incident. For a second or subsequent offense, the revocation
shall be consecutive to any revocation imposed for a conviction
under the provisions of R.S.39:4-50. In addition to issuing a
revocation, except as provided in subsection b. of this section, the
municipal court shall fine a person convicted under this section, a
fine of not less than $300 or more than $500 for a first offense; a
fine of not less than $500 or more than $1,000 for a second offense;
and a fine of $1,000 for a third or subsequent offense.
b. For a first offense, the fine imposed upon the convicted person
shall be not less than $600 or more than $1,000 and the period of
license suspension shall be not less than one year or more than two
years; for a second offense, a fine of not less than $1,000 or more
than $2,000 and a license suspension for a period of four years; and
for a third or subsequent offense, a fine of $2,000 and a license
suspension for a period of 20 years when a violation of this section
occurs while:
(1) on any school property used for school purposes which is owned
by or leased to any elementary or secondary school or school board,
or within 1,000 feet of such school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if
the municipality, by ordinance or resolution, has designated the
school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1
knowing that juveniles are present if the municipality has not
designated the school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries
of the area on or within 1,000 feet of any property used for school
purposes which is owned by or leased to any elementary or secondary
school or school board produced pursuant to section 1 of P.L.1997,
c. 101 (C.2C:35-7) may be used in a prosecution under paragraph (1)
of this subsection.
It shall not be relevant to the imposition of sentence pursuant to
paragraph (1) or (2) of this subsection that the defendant was
unaware that the prohibited conduct took place while on or within
1,000 feet of any school property or while driving through a school
crossing. Nor shall it be relevant to the imposition of sentence
that no juveniles were present on the school property or crossing
zone at the time of the offense or that the school was not in
session.
UNDERAGE DRIVING AFTER DRINKING
– N.J.S.A. 39:4-50.14
Any person under the legal age to purchase alcoholic beverages who
operates a motor vehicle with a blood alcohol concentration of 0.01%
or more, but less than 0.08% , by weight of alcohol in his blood,
shall forfeit his right to operate a motor vehicle over the highways
of this State or shall be prohibited from obtaining a license to
operate a motor vehicle in this State for a period of not less than
30 or more than 90 days beginning on the date he becomes eligible to
obtain a license or on the day of conviction, whichever is later,
and shall perform community service for a period of not less than 15
or more than 30 days.
In addition, the person shall satisfy the program and fee
requirements of an Intoxicated Driver Resource Center or participate
in a program of alcohol education and highway safety as prescribed
by the chief administrator.
The penalties provided under the provisions of this section shall be
in addition to the penalties which the court may impose under
N.J.S.2C:33-15, R. S.33:1-81, R.S.39:4-50 or any other law.
a. As used in this act:
"Minor" means a person who is 17 years of age or younger.
"Parent or guardian" means any natural parent, adoptive parent,
resource family parent, stepparent, or any person temporarily
responsible for the care, custody or control of a minor or upon whom
there is a legal duty for such care, custody or control.
b. A parent or guardian who is convicted of a violation of
R.S.39:4-50 and who, at the time of the violation, has a minor as a
passenger in the motor vehicle is guilty of a disorderly persons
offense.
c. In addition to the penalties otherwise prescribed by law, a
person who is convicted under subsection b. of this section shall
forfeit the right to operate a motor vehicle over the highways of
this State 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.
N.J.S.A. 39:4-51a. Consumption By Operator Or Passenger.
a. A person shall not consume an alcoholic beverage while operating
a motor vehicle. A passenger in a motor vehicle shall not consume an
alcoholic beverage while the motor vehicle is being operated. This
subsection shall not apply to a passenger of a charter or special
bus operated as defined under R.S.48:4-1 or a limousine service.
b. A person shall be presumed to have consumed an alcoholic
beverage in violation of this section if an unsealed container of an
alcoholic beverage is located in the passenger compartment of the
motor vehicle, the contents of the alcoholic beverage have been
partially consumed and the physical appearance or conduct of the
operator of the motor vehicle or a passenger may be associated with
the consumption of an alcoholic beverage. For the purposes of this
section, the term "unsealed" shall mean a container with its
original seal broken or a container such as a glass or cup.
c. For the first offense, a person convicted of violating this
section shall be fined $200.00 and shall be informed by the court of
the penalties for a second or subsequent violation of this section.
For a second or subsequent offense, a person convicted of violating
this section shall be fined $250.00 or shall be ordered by the court
to perform community service for a period of 10 days in such form
and on such terms as the court shall deem appropriate under the
circumstances.
a. All occupants of a motor vehicle located on a public highway, or
the right-of-way of a public highway, shall be prohibited from
possessing any open or unsealed alcoholic beverage container. This
subsection shall not apply to a passenger of a charter or special
bus operated as defined under R.S.48:4-1 or a limousine service.
b. A person shall not be deemed to be in possession of an opened or
unsealed alcoholic beverage container pursuant to this section if
such container is located in the trunk of a motor vehicle, behind
the last upright seat in a trunkless vehicle, or in the living
quarters of a motor home or house trailer. For the purposes of this
section, the term "open or unsealed" shall mean a container with its
original seal broken or a container such as a glass or cup.
c. For a first offense, a person convicted of violating this section
shall be fined $200 and shall be informed by the court of the
penalties for a second or subsequent violation of this section. For
a second or subsequent offense, a person convicted of violating this
section shall be fined $250 or shall be ordered by the court to
perform community service for a period of 10 days in such form and
on such terms as the court shall deem appropriate under the
circumstances.
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