New Jersey’s Laws & Penalties for DUI

Driving under the influence is one of the most commonly committed crimes in the United States.

Unfortunately, because this crime is so common, many people make the mistake of taking a drunk driving arrests lightly instead of seeking appropriate legal representation.

According to the New Jersey Department of Law and Public Safety, “A person is guilty of drunk driving if he or 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. Consuming even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgment, vision and alertness.”

In New Jersey, the only scientific way to determine whether a driver is under the influence is through blood alcohol concentration and that can be tested with a simply Breathalyzer test.

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:

• Excessive fines
• Imprisonment
• License suspension
• A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
• Community service
• Ignition interlock device
• An automobile insurance surcharge of $1,000 a year for 3 years

Broken down –

• Alcohol or drug-related DUI with BAC of 0.10% or greater carries the following penalties:
  • License loss of 7 months to 1 year
  • Prison term of up to 30 days
• Fines, fees and surcharges:
  • $300-$500 fine
  • $230 IDRC fee
• 100 to drunk-driving fund:
  • $100 to AERF
  • $1,000 a year (for 3 years) surcharge
  • $75 to Neighborhood Services Fund
• Community service, IDRC, Interlock:
  • 12-48 hours IDRC
  • BAC 0.15% or greater: ignition interlock device during license suspension and 6 months to 1 year following restoration

Alcohol or drug-related DUI with BAC greater than 0.08%, but less than 0.10%:

• License loss of 3 months
• Prison term of up to 30 days
• Fines, fees and surcharges:
  • $250-$400 fine
  • $230 IDRC fee
  • $100 to drunk-driving fund
  • $100 to AERF
  • $1,000 per year (for 3 years) surcharge
  • $75 to Neighborhood Services Fund
• Community service, IDRC, Interlock:
  • 12-48 hours IDRC
  • BAC 0.15% or greater: ignition interlock device during license suspension and six months to one year following restoration

We all make mistakes. However, if you’re convicted of DUI, you could end up facing tough consequences, including your insurance rates being increased or even cancelled. The penalties, of course, increase the more arrests you get.

With the stakes being so high, it is a wise idea to enlist the help of an attorney who handles DUI cases so you can understand your charges, become aware of your rights under the law, identify illegal police actions, such as failure to read Miranda Rights and determine which defense applies to your case. Contact the services of a New Jersey Personal Injury & Accident Law Firm, and know your rights.

Whether this is your only DUI charge or your third, an experienced personal injury attorney can provide the support, advice, and representation you need to fight your DUI charge.