Definition of Impairment
In New Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC refers to the amount of alcohol in your blood. Although the law refers to a 0.08 percent BAC, you can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent. Consuming even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgement, vision and alertness. If you consume any amount of alcohol and your driving is negatively impacted, you can be convicted of drunk driving. It is also a violation for a person to operate a motor vehicle under the influence of a narcotic, hallucinogenic or habit producing drug.
You can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated (DWI) law. What
follows is a summary of the penalties that result when a person is convicted of violating New Jersey’s DWI law.
THE PENALTIES
1st Offense
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:
- A fine of $250-$400
- Imprisonment for up to 30 days
- Driver’s license forfeiture until ignition interlock installed. Interlock required for 3 months
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years
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:
- A fine of $300-$500
- Imprisonment for up to 30 days
- Driver’s license forfeiture until ignition interlock installed. Interlock required for 7 months to one (1) year
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years
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.
2nd Offense
- A fine of $500-$1,000
- Imprisonment of at least 48 consecutive hours, and up to 90 days
- Minimum 1-year and up to 2-year license suspension
- Completion of evaluation, referral and program requirements of the IDRC
- 30 days of community service
- An automobile insurance surcharge of $1,000 a year for 3 years
- Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration
3rd Offense
- A fine of $1,000
- 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
- 8 year license suspension
- 30 days of community service
- Completion of evaluation, referral and program requirements of the IDRC
- An automobile insurance surcharge of $1,500 a year for 3 years
- Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration