New Jersey DUI Laws Explained:
The state of New Jersey defines driving under the influence as the act of operating a motor vehicle with blood alcohol content in excess of 0.08. Therefore, in New Jersey, an individual will be guilty of drunk driving if he/she operates a vehicle with a BAC of 0.08 or greater.
Blood alcohol content refers to the amount of alcohol in one’s blood. That being said, although New Jersey DUI laws institutes a 0.08 threshold, New Jersey drivers may be convicted of driving under the influence of alcohol even when their BAC falls below this figure.
The only scientific means to determine whether a driver is under the influence of alcohol is through blood alcohol concentration. A driver’s BAC may be tested through a simple Breathalyzer test. If a driver, accused of breaking New Jersey DUI law, refuses a breathalyzer test they will face the same loss of driving privileges as a DUI offense (New Jersey DUI laws and their attached punishments are listed below). In the state of New Jersey, being convicted of a DUI is a major offense, carrying severe penalties including:
• NJ DUI Law: License Suspension
• NJ DUI Law: Institution of an Ignition Interlock Device
• NJ DUI Law: Jail Time
• NJ DUI Law: Community Service
• NJ DUI Law: Institution of Fines, Fees and surcharges
New Jersey DUI Laws: Parents and Guardians
A guardian or parent convicted of driving under the influence with a passenger in the vehicle 17 years of age or younger will not only be guilty of DUI but also disorderly personas offence. This individual will also forfeit the right to operate a vehicle for a maximum of six months and must perform community service for up to a week.
New Jersey DUI Laws: Mandatory Fines and Penalties
The following fines and penalties will be imposed on driver’s with a BAC of .10% or greater:
• NJ DUI Laws: The driver, according to New Jersey DUI laws, will lose their license for 7 months to 1 year. Fines will range from $300-$5000 or $1,000 per year for three years. The driver is also susceptible to being jailed for up to 30 days. Depending on the jurisdiction and the severity of the crime, New Jersey DUI laws state that the driver may be required to have an ignition interlock device placed on his/her vehicle. Typically these devices are placed on the vehicle if the driver blew a 0.15% or greater. According to New Jersey DUI Law, the driver may also be required to participate in Intoxicated Driver Resource Center Sponsored programs.
The following fines and penalties will be imposed on drivers with a BAC over .08% but less than .1%:
• NJ DUI Laws: The driver, according to New Jersey DUI Law, may lose their license for up to 3 months. New Jersey DUI laws will also institute a fine ranging between $250 and $400, as well a surcharge fee of $1,000 paid every year for three years. New Jersey DUI law states that the driver may be placed in jail for up to 30 days and mandatory participation in a 12 to 48 hour dui education program.
The following fines and penalties are imposed on drivers who are repeat offenders of New Jersey DUI Laws:
• For drivers who have 2 DUI offenses within 10 years:
o NJ DUI Laws: Drivers who violate New Jersey DUI laws twice within 10 years will lose their license for a total of two years, face fines between $500 and $1,000, be forced to pay $100 to the drunk driving fund, $280 to the Intoxicated Driver Resource Center, $100 to the Alcohol Education and Rehabilitation Fund, $1,000 per year for three years as a surcharge and $75 to the Neighborhood Services Fund.
o NJ DUI Laws: Individuals who violate New Jersey DUI laws twice within two years will be sentenced to a prison term ranging in time between 48 hours and 90 days with a mandatory 30 day community service stint and 48 hours participation in educational courses. An ignition interlock device will be placed on these driver’s vehicles for 1-3 years following their suspension period
• For drivers who have 3 DUI offenses within 10 years of 2nd offense:
o NJ DUI Laws: Drivers who violate New Jersey DUI laws for a third time within 10 years of their 2nd offense will lose their license for 10 years. These individuals will be forced to pay a $1,000 fine, 420 to the Intoxicated Driver Resource Center, $100 to the Alcohol Education and Rehabilitation Fund, $1,500 per year for three years as a surcharge and $75 to the Neighborhood Services Fund.
o NJ DUI Laws: These individuals will face a mandatory prison sentence of 180 days, along with 90 days of community service. Additionally, they will be forced to attend 38 hours of educational classes and will have an ignition interlock device placed on their care for 1 to 3 years following restoration.
Related Offenses Connected to New Jersey DUI Laws:
Driving or riding with an open container of alcohol: 2st offenders will be forced to pay a fine of $200 and 2nd –time offenders are forced to pay fines of $250 and undergo 10 days of community service
Driving with a DUI Suspension: Drivers who have already violated New Jersey DUI laws but continue to operate a motor vehicle will face an additional 1 to 2 years of license suspension and be forced to pay a $500 fine with a surcharge fine of $250 paid to the state every year for three years. These individuals will also face jail time ranging from 10 to 90 days.
Failure to pay any of the above fines—according to New Jersey DUI laws—will result in an indefinite suspension of driving privileges. Moreover, the state will file a formal complaint with the MVC of the superior court in which the infraction occurred, which may result in liens being placed against the driver’s property or wages.
New Jersey DUI Laws: Underage DUI
If a driver under the age of 21 years old is convicted of driving a vehicle with a blood alcohol content of .01% or higher, the following penalties will apply according to New Jersey DUI Law:
• NJ DUI Laws: The driver will face a license suspension between 30 and 90 days
• NJ DUI Laws: Depending on the situation, the driver will face a combination of the minimum sentences listed above and select DUI fines and penalties
• NJ DUI Laws: The driver, according to New Jersey DUI law, will be required to fulfill 15 to 30 days of community service
• NJ DUI Laws: The driver, according to New Jersey DUI law will be required to participate in highway safety and alcohol education programs at their local Intoxicated Driver Resource Center
• NJ DUI Laws: If the driver is unlicensed and under 17 years of age, they will be subject to a 30 to 90 day delay in processing their license.