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As
per P.L. 2003, CHAPTER 314, two categories
were created for first time offenders
based on BAC levels. Parameters for
the two categories and corresponding
penalties are as follows: If the offenders’s
BAC is 0.08 percent or higher but less
than 0.10 percent, or if the 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 as follows: |
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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 as follows:
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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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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,
at a charge of $100 a day |
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An
automobile insurance surcharge of
$1,000 a year for 3 years. |
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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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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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*
If occurring within a school zone or school
crossing, this penalty is increased under
Public Law 99, Chapter 185. |
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Any
Offense Also Carries |
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$100
surcharge to be deposited in a 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 the penalties listed, judges
may order the installation of an ignition
interlock device or the revocation of
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. For more information on
ignition interlock devices, visit the
following link: |
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 MVC
Ignition Interlock Page |
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| Consequences
of Underage Drinking and Driving |
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New Jersey, you must be 21 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 you buy or drink
alcohol in a place with an alcohol beverage
license, you may be fined $500 and lose
your license for 6 months. If you do not
have your driver’s 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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If
you are under 21 and drive with any
detectable amount of alcohol in your
system (.01 BAC or above), you will
be subjected to the following penalties: |
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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 a program of alcohol education
and highway safety |
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| Driving
with a Suspended License due to Driving
While Intoxicated |
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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 have a crash & someone is
hurt while your license is suspended,
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 |
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1st
offense -
$250-$500 fine and a 6-month license
suspension* |
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2nd
offense -
$250-$500 fine and a 2-year license
suspension* |
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3rd
offense -
$250-$500 fine and a 10-year license
suspension* |
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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 a drunk
driving enforcement fund |
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*
If occurring within a school zone or school
crossing, this penalty is increased under
Public Law 99, Chapter 185. |
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| Possessing
an Open Container in the Passenger Compartment |
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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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