DUI In NJ?
A DUI in the State of New Jersey will cost you plenty. You will have a loss of license, several fines and surcharges and 9 NJ Car Insurance points for at least 3 years from the conviction date. The only place you will be able to get car insurance is through NJ PAIP. If you are in this situation click here to get NJ DUI Auto Insurance quotes.
If your NJ Divers License is suspended and you have a financed or leased vehicle and are contractually obligated to maintain NJ Auto Insurance you will need a NJPAIP policy with at least one licensed driver listed on your policy. At least your finance company or leasing company wont repossess you vehicle for failure to maintain the mandatory minimum NJ Insurance coverage. If you need help call to get a NJPAIP Certified Producer.
.:NJ DUI Penalties and its consequences
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New 2004 DWI law- 2004 revised DWI Statute in New Jersey
Motor vehicle violations can cost you. You will have to pay fines in court or
receive points on your drivers license. An accumulation of too many points, or
certain moving violations may require you to pay expensive surcharges to the
N.J. MVC Division of Motor Vehicles or have your license suspended. Don't give
up! for motor vehicle violations.
When your driver's license is in jeopardy or you are facing thousands of dollars
in fines, DMV surcharges and car insurance increases, you need excellent legal
representation. The least expensive attorney is not always the answer.
information on traffic offenses we can be retained to represent people. Our
website also provides details on jail terms for traffic violations and car
insurance eligibility points. Car insurance companies increase rates or drop
customers based on moving violations.
The following is the new DWI law in New Jersey with all amendments as of April,
2004 N.J.S.A. 39:4-50 Driving While Intoxicated 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:
(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 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. 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. 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.
(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. (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.
(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. (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 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;
(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.).
(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). (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
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. (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 not less than 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. (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. (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. N.J.S.A. 39:4-50.14 Operation of a motor vehicle by
person who has consumed alcohol but is under the legal age to purchase alcoholic
beverages; penalties 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. N.J.S.A. 39:4-51 Sentence for violation of
section N.J.S.A. 39:4-50 must be served; release on work release program 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 there from 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 there
from 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 administrator shall adopt
such rules and regulations to effectuate the provisions of this section as he
shall deem necessary.
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