In the state of New Jersey, driving under influence (DUI) is deemed as a violation of the state’s strict law (P.L. 2003, chapter 314) There is no clear distinctive law between alcohol’s driving while intoxicated (DWI) and drug’s DUI, both terms may be used interchangeably and carry similar penalties and fines. Even though the state has very strict laws hope is not lost for offenders and contacting a DUI lawyer NJ may help one build a strong case. One is found to be guilty if they have a blood alcohol content (BAC) greater than 0.08% however this value is lower for commercial drivers 0.04% and underage 0.01%. The penalties given depend on the number of times convicted before and the BAC of the driver.
Driving Under Influence
After a test, if the drivers BAC is above the legal limit, she is convicted and the penalties given depend on the frequency of her offence and her BAC.
1st time offender and BAC between 0.08% and 0.1%, the offender is fined between $250 and $400, license revocation for a period, not more than 3 months, imprisonment for less than 30 days, community service, fees to drunk driving enforcement fund (DDEF) and may be forced to install an interlock device to their vehicles. If the alcohol content is above 0.1% the following additional penalties may be added fine between 300$ and 500$, license suspension for a period between 7 months and 1 year.
2nd-time offender are fined between $500 and $1000, 30 days community service, 48 hours consecutive jail time or probation which is less than 90 days, license revocation for 2 years, install an interlock device and $100 fee charged for DDEF.
3rd time and any following offences lead to a fine of $100, a jail term which is not less than 180 days, license suspension for a period not exceeding 10 years, community service and DDEF fees.
Video on first offence penalties in NJ
Refusing To Take Test
A driver is required by law to submit himself to take an alcohol or breathalyzer test once a policeman has suspected him of driving under the influence, the driver has given impelled consent to this test once he acquires a driving license. Failure to take the test has penalties depending on the frequency of the offense.
For 1st time offenders, fine ranging from $300 to $5oo and a driver’s license suspension for a period of between 7 months to one year.
2nd-time offenders are fined between $500 to $1000, license suspension for two years.
3rd-time offenders slapped with a $1000 fine and license revocation of up to 10 years.
All the three categories carry additional penalties which include being surcharged $100 for the DDEF and be referred to intoxicated driver resource center (IDRC).
Other Details
It’s good to note that NJ state has laws to supplement those discussed above which include having open alcohol can in the passenger seat, DUI in school compounds, strict laws for drinking while underage among others. Also, any 2nd offense committed after 10 years after the 1st offense is treated as the 1st offense and any 3rd offense committed 10 years after the 2nd offense is treated as a 2nd offense. In case you find yourself being convicted for DUI contact a lawyer for a better chance of having a strong case.