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1st
Offense |
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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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Driver’s license forfeiture until ignition interlock installed. Interlock required for 3 months. |
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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 offender’s BAC is 0.10 percent but less than 0.15 percent, or permits another person with a BAC of 0.10 percent but less than 0.15 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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Driver’s license forfeiture until ignition interlock installed. Interlock required for 7 months to one (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 one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months 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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Minimum 1-year and up to 2-year license suspension. |
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Completion of evaluation, referral and program requirements of the IDRC. |
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30 days of community service |
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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 license suspension and 2 years to 4 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 except the court may lower such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC.
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8 year license suspension. |
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30 days of community service. |
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Completion of evaluation, referral and program requirements of the IDRC. |
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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 license suspension and 2 years to 4 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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| In addition to these penalties, judges may order the revocation of the vehicle registration (Public Law 2000, Chapter 83). |
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| The 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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| A 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 Restoration/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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| If 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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| If 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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| If suspended for a first offense DWI and this is a second Driving While Suspended OR suspended for a second or subsequent DWI and this is the first Driving While Suspended, prosecution for violation 2C:40-26a which upon conviction carries mandatory term of imprisonment of at least 180 days without eligibility of parole |
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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 until Ignition Interlock Device installed.
A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center.
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2nd
offense -
$500-$1,000 fine and a 1 to 2-year license suspension following installation of Ignition Interlock Device.
48 hours consecutive detainment in Intoxicated Driver Resource Center. |
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3rd
offense -
$1,000 fine and an 8-year license suspension following installation of Ignition Interlock Device.
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Installation of an ignition interlock device for a period of 9 to 15 months after license restoration for the 1st offense, 2 years to 4 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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