• State Penal Code – NJSA 39:4-50 to 51b
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – once or twice per month
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in New Jersey are:

1st Refusal

• 7 month license revocation

2nd Refusal

• 2 year license revocation

3rd Refusal

• 10 year license revocation

• In New Jersey the lookback period is 10 years
• Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties

• 30-90 day license suspension

• Possible combination of the minimum mandatory DUI fines and penalties listed below

• 15-30 days Community Service

• Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center

• If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30-90 day delay in processing your driver license

1st Offense

• 90 day suspension of driver’s license

• fines ranging anywhere from $250 – $400

• A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center

• Prison (30 day maximum sentence)

• An automobile insurance surcharge of $1000 a year for 3 years

2nd Offense

• 2 year license suspension

• fines ranging anywhere from $500 – $1000

• An automobile insurance surcharge of $1000 a year for 3 years

• Prison (at least 48 consecutive hours, and up to 90 days)

• 48 consecutive hours detainment in a regional Intoxicated Driver Resource Center

• Installation of an Ignition Interlock Device for a period of 1 year to 3 years after license restoration

1st Offense

• 7 to 12 month suspension of driver’s license

• fines ranging anywhere from $300 – $500

• A minimum of 12 to 48 hours in an Intoxicated Driver Resource Center

• Prison (30 day maximum sentence)

• An automobile insurance surcharge of $1000 a year for 3 years

• Installation of an Ignition Interlock Device for a period of 1 year to 3 years after license restoration

2nd Offense

• 2 year license suspension

• fines ranging anywhere from $500 – $1000

• An automobile insurance surcharge of $1000 a year for 3 years

• Prison (at least 48 consecutive hours, and up to 90 days)

• 48 consecutive hours detainment in a regional Intoxicated Driver Resource Center

• Installation of an Ignition Interlock Device for a period of 1 year to 3 years after license restoration

– Any person convicted of an alcohol related offense must participate in a program at an Intoxicated Driving Resource Center (IDRC):

• New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders

• During the program, offenders attend mandatory Alcohol and Highway Safety Education courses

• IDRC also evaluates each offender for an alcohol or drug problem and determines the need for treatment

• If treatment is needed, the offender must complete a 16-week minimum treatment

• IDRC monitors compliance and reports noncompliance to the courts and the driver program. The program then makes recommendations to the department of motor vehicles for suspension or restoration based on the offender’s successful completion of requirements imposed as a result of their conviction

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger vehicle will result in a three to 12-month basic driver license suspension, and a one year CDL suspension
• A second DUI conviction in a passenger vehicle will result in a two-year basic driver license suspension and a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In New Jersey an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• New Jersey does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved