2816 Morris Ave., Suite 32
Union, NJ 07083
t. 908.349.8462
f. 908.325.1646

264 Union Boulevard
Totowa, NJ 07512
t. 973.873.8359

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Driving While Intoxicated

One of the violations that keeps courts busiest in New Jersey is driving under the influence of alcohol or drugs.  Under N.J.S. 39:4-50, a person commits the offense of driving while intoxicated by operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drugs or operates a vehicle with a blood-alcohol concentration of 0.08% or more by weight of alcohol in their blood. 

For a first offense, if the defendant's blood alcohol is between 0.08% and 0.10%, he is subject to a fine between $250 and $400, detainment of between 12 and 48 hours at an Intoxicated Driver Resource Center, a term of imprisonment of up to 30 days, and a three month driver's license suspension.  If the defendant's blood alcohol is 0.10% or higher or if the defendant is found to be under the influence of drugs, the fine is between $300 and $500, detainment of between 12 and 48 hours at an Intoxicated Driver Resource Center, a term of imprisonment of up to 30 days, and a driver's license suspension of between seven months and one year.

For a second offense, the punishment is a fine between $500 and $1000, 30 days community service, at least 48 hours imprisonment that cannot be suspended or served on probation and up to 90 days imprisonment, a driver's license suspension of two years, and a mandatory installation of an ignition interlock device.  \For a third or subsequent violation, the punishment is a fine of $1000, a minimum 180 day term of imprisonment (except that up to 90 days can be served in an inpatient rehabilitation program approved by the Intoxicated Driver Resource Center), and a license suspension of 10 years.

In addition, the fines and other penalties for driving while intoxicated are substantially increased if the violation occurs on or within 1000 feet of a school or driving through a school crossing.  In addition, all of the above penalties apply to a person who permits another person that they know to be intoxicated to operate their vehicle. 

Refusal to Submit to Chemical Tests

Closely related to the violation of driving while intoxicated is the violation of refusal to submit to chemical tests.  Under N.J.S. 39:4-50.2, any person who operates a motor vehicle on a public roadway in New Jersey is deemed to have given consent to the taking of samples of his breath for the purpose of determining his blood alcohol content.  However, the statute also requires that a police officer make a person aware of their rights prior to administering a breath test.  If a person refuses to take a breath test, under N.J.S. 39:4-50.4a, their driver's license will be suspended for between seven months and one year for a first offense, two years for a second offense, and ten years for a third or subsequent offense.  In addition to the license suspension, the defendant will also be referred to an Intoxicated Driver Resource Center an will be fined between $300 and $500 for a first offense, between $500 and $1000 for a second offense, and $1000 for a third offense. 

In order to make a case for refusal, the State has to prove by a preponderance of the evidence that the police officer had probable cause to believe that the defendant was operating a motor vehicle while under the influence of alcohol or drugs, that the defendant was arrested, and that the defendant refused to submit to a chemical test.  Finally, a person convicted of refusal can also be convicted of driving under the influence.  If they are convicted with driving while intoxicated, the suspension of the driver's license for each offense can run concurrent or consecutive for a first offense, but must run consecutive for a second, third or subsequent offense.  In addition, the penalties for refusal area also substantially increased if the violation occurred within 1000 feet of a school or while driving through a school crossing.

Underage Drinking and Driving

If a person who is under the legal age to purchase alcohol operates a motor vehicle with a blood alcohol concentration of between 0.01% and 0.08%, his driver's license will be suspended, or if he is not yet licensed, he will be prohibited from obtaining a license for between 30 and 90 days from the date of conviction or the date he becomes eligible for a driver's license, whichever is later.  These penalties are in addition to any other penalties associated with any other violation, including driving while intoxicated.  The defendant is also subject to the program and fee requirements of an Intoxicated Driver Resource Center.

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