DWI - N.J.S.A. 39:4-50
(a) Except as provided in
subsection (g) of this section, a person who operates a
motor vehicle while under the influence of intoxicating
liquor, narcotic, hallucinogenic or habit-producing drug, or
operates a motor vehicle with a blood alcohol concentration
of 0.08% or more by weight of alcohol in the defendant's
blood or permits another person who is under the influence
of intoxicating liquor, narcotic, hallucinogenic or
habit-producing drug to operate a motor vehicle owned by him
or in his custody or control or permits another to operate a
motor vehicle with a blood alcohol concentration of 0.08% or
more by weight of alcohol in the defendant's blood shall be
subject
PENALTIES –
FIRST OFFENSE .08% BAC or “Under The Influence”
(1) For the first offense:
(i) if the person's blood
alcohol concentration is 0.08% or higher but less than
0.10%, or the person operates a motor vehicle while under
the influence of intoxicating liquor, or the person permits
another person who is under the influence of intoxicating
liquor to operate a motor vehicle owned by him or in his
custody or control or permits another person with a blood
alcohol concentration of 0.08% or higher but less than 0.10%
to operate a motor vehicle, to a fine of not less than $250
nor more than $400 and a period of detainment of not less
than 12 hours nor more than 48 hours spent during two
consecutive days of not less than six hours each day and
served as prescribed by the program requirements of the
Intoxicated Driver Resource Centers established under
subsection (f) of this section and, in the discretion of the
court, a term of imprisonment of not more than 30 days and
shall forthwith forfeit his right to operate a motor vehicle
over the highways of this State for a period of three
months;
PENALTIES –
FIRST OFFENSE .10% BAC or Higher or Under
The Influence of Drugs.
(ii) if the person's blood
alcohol concentration is 0.10% or higher, or the person
operates a motor vehicle while under the influence of
narcotic, hallucinogenic or habit-producing drug, or the
person permits another person who is under the influence of
narcotic, hallucinogenic or habit-producing drug to operate
a motor vehicle owned by him or in his custody or control,
or permits another person with a blood alcohol concentration
of 0.10% or more to operate a motor vehicle, to a fine of
not less than $300 nor more than $500 and a period of
detainment of not less than 12 hours nor more than 48 hours
spent during two consecutive days of not less than six hours
each day and served as prescribed by the program
requirements of the Intoxicated Driver Resource Centers
established under subsection (f) of this section and, in the
discretion of the court, a term of imprisonment of not more
than 30 days and shall forthwith forfeit his right to
operate a motor vehicle over the highways of this State for
a period of not less than seven months nor more than one
year;
(iii) For a first offense, a
person also shall be subject to the provisions of P.L.1999,
c. 417 (C.39:4-50.16 et al.).
PENALTIES –
SECOND OFFENSE
(2) For a second violation, a
person shall be subject to a fine of not less than $500.00
nor more than $1,000.00, and shall be ordered by the court
to perform community service for a period of 30 days, which
shall be of such form and on such terms as the court shall
deem appropriate under the circumstances, and shall be
sentenced to imprisonment for a term of not less than 48
consecutive hours, which shall not be suspended or served on
probation, nor more than 90 days, and shall forfeit his
right to operate a motor vehicle over the highways of this
State for a period of two years upon conviction, and, after
the expiration of said period, he may make application to
the Chief Administrator of the New Jersey Motor Vehicle
Commission for a license to operate a motor vehicle, which
application may be granted at the discretion of the chief
administrator, consistent with subsection (b) of this
section. For a second violation, a person also shall be
required to install an ignition interlock device under the
provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or
shall have his registration certificate and registration
plates revoked for two years under the provisions of section
2 of P.L.1995, c. 286 (C.39:3-40.1).
PENALTIES –
THIRD OR SUBSEQUENT OFFENSE
(3) For a third or subsequent
violation, a person shall be subject to a fine of $1,000.00,
and shall be sentenced to imprisonment for a term of not
less than 180 days in a county jail or workhouse, except
that the court may lower such term for each day, not
exceeding 90 days, served participating in a drug or alcohol
inpatient rehabilitation program approved by the Intoxicated
Driver Resource Center and shall thereafter forfeit his
right to operate a motor vehicle over the highways of this
State for 10 years. For a third or subsequent violation, a
person also shall be required to install an ignition
interlock device under the provisions of P.L.1999, c. 417
(C.39:4-50.16 et al.) or shall have his registration
certificate and registration plates revoked for 10 years
under the provisions of section 2 of P.L.1995, c. 286
(C.39:3-40.1).
As used in this section, the
phrase "narcotic, hallucinogenic or habit-producing drug"
includes an inhalant or other substance containing a
chemical capable of releasing any toxic vapors or fumes for
the purpose of inducing a condition of intoxication, such as
any glue, cement or any other substance containing one or
more of the following chemical compounds: acetone and
acetate, amyl nitrite or amyl nitrate or their isomers,
benzene, butyl alcohol, butyl nitrite, butyl nitrate or
their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite
or ethyl nitrate, ethylene dichloride, isobutyl alcohol or
isopropyl alcohol, methyl alcohol, methyl ethyl ketone,
nitrous oxide, n-propyl alcohol, pentachlorophenol,
petroleum ether, propyl nitrite or propyl nitrate or their
isomers, toluene, toluol or xylene or any other chemical
substance capable of causing a condition of intoxication,
inebriation, excitement, stupefaction or the dulling of the
brain or nervous system as a result of the inhalation of the
fumes or vapors of such chemical substance.
PROBABLE CAUSE WHEN
THERE IS AN ACCIDENT
Whenever an operator of a
motor vehicle has been involved in an accident resulting in
death, bodily injury or property damage, a police officer
shall consider that fact along with all other facts and
circumstances in determining whether there are reasonable
grounds to believe that person was operating a motor vehicle
in violation of this section.
MISCELLANEOUS SENTENCING
ISSUES
A conviction of a violation
of a law of a substantially similar nature in another
jurisdiction, regardless of whether that jurisdiction is a
signatory to the Interstate Driver License Compact pursuant
to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a
prior conviction under this subsection
unless the defendant can demonstrate by clear and convincing
evidence that the conviction in the other jurisdiction was
based exclusively upon a violation of a proscribed blood
alcohol concentration of less than 0.08%.
If the driving privilege of
any person is under revocation or suspension for a violation
of any provision of this Title or Title 2C of the New Jersey
Statutes at the time of any conviction for a violation of
this section, the revocation or suspension period imposed
shall commence as of the date of termination of the existing
revocation or suspension period. In the case of any person
who at the time of the imposition of sentence is less than
17 years of age, the forfeiture, suspension or revocation of
the driving privilege imposed by the court under this
section shall commence immediately, run through the
offender's seventeenth birthday and continue from that date
for the period set by the court pursuant to paragraphs (1)
through (3) of this subsection. A court that imposes a term
of imprisonment for a first or second offense under this
section may sentence the person so convicted to the county
jail, to the workhouse of the county wherein the offense was
committed, to an inpatient rehabilitation program or to an
Intoxicated Driver Resource Center or other facility
approved by the chief of the Intoxicated Driving Program
Unit in the Department of Health and Senior Services. For a
third or subsequent offense a person shall not serve a term
of imprisonment at an Intoxicated Driver Resource Center as
provided in subsection (f).
A person who has been
convicted of a previous violation of this section need not
be charged as a second or subsequent offender in the
complaint made against him in order to render him liable to
the punishment imposed by this section on a second or
subsequent offender, but if the second offense occurs more
than 10 years after the first offense, the court shall treat
the second conviction as a first offense for sentencing
purposes and if a third offense occurs more than 10 years
after the second offense, the court shall treat the third
conviction as a second offense for sentencing purposes.
INTOXICATED DRIVER
RESOURCE CENTER
(b) A person convicted under
this section must satisfy the screening, evaluation,
referral, program and fee requirements of the Division of
Alcoholism and Drug Abuse's Intoxicated Driving Program
Unit, and of the Intoxicated Driver Resource Centers and a
program of alcohol and drug education and highway safety, as
prescribed by the chief administrator. The sentencing court
shall inform the person convicted that failure to satisfy
such requirements shall result in a mandatory two-day term
of imprisonment in a county jail and a driver license
revocation or suspension and continuation of revocation or
suspension until such requirements are satisfied, unless
stayed by court order in accordance with the Rules Governing
the Courts of the State of New Jersey, or R.S.39:5-22. Upon
sentencing, the court shall forward to the Division of
Alcoholism and Drug Abuse's Intoxicated Driving Program Unit
a copy of a person's conviction record. A fee of $100.00
shall be payable to the Alcohol Education, Rehabilitation
and Enforcement Fund established pursuant to section 3 of
P.L. 1983, c. 531 (C.26:2B-32) to support the Intoxicated
Driving Program Unit.
COURT
NOTICE REQUIREMENTS TO PERSON CONVICTED
(c) Upon conviction of a
violation of this section, the court shall collect forthwith
the New Jersey driver's license or licenses of the person so
convicted and forward such license or licenses to the chief
administrator. The court shall inform the person convicted
that if he is convicted of personally operating a motor
vehicle during the period of license suspension imposed
pursuant to subsection (a) of this section, he shall, upon
conviction, be subject to the penalties established in
R.S.39:3-40. The person convicted shall be informed orally
and in writing. A person shall be required to acknowledge
receipt of that written notice in writing. Failure to
receive a written notice or failure to acknowledge in
writing the receipt of a written notice shall not be a
defense to a subsequent charge of a violation of
R.S.39:3-40. In the event that a person convicted under this
section is the holder of any out-of-State driver's license,
the court shall not collect the license but shall notify
forthwith the chief administrator, who shall, in turn,
notify appropriate officials in the licensing jurisdiction.
The court shall, however, revoke the nonresident's driving
privilege to operate a motor vehicle in this State, in
accordance with this section. Upon conviction of a violation
of this section, the court shall notify the person
convicted, orally and in writing, of the penalties for a
second, third or subsequent violation of this section. A
person shall be required to acknowledge receipt of that
written notice in writing. Failure to receive a written
notice or failure to acknowledge in writing the receipt of a
written notice shall not be a defense to a subsequent charge
of a violation of this section.
(d) The chief administrator
shall promulgate rules and regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1
et seq.) in order to establish a program of alcohol
education and highway safety, as prescribed by this act.
DEFENSE RIGHTS TO
DISCOVERY
(e) Any person accused of a
violation of this section who is liable to punishment
imposed by this section as a second or subsequent offender
shall be entitled to the same rights of discovery as allowed
defendants pursuant to the Rules Governing the Courts of the
State of New Jersey.
INTOXICATED
DRIVER RESOURCE CENTER
(f) The counties, in
cooperation with the Division of Alcoholism and Drug Abuse
and the commission, but subject to the approval of the
Division of Alcoholism and Drug Abuse, shall designate and
establish on a county or regional basis Intoxicated Driver
Resource Centers. These centers shall have the capability of
serving as community treatment referral centers and as court
monitors of a person's compliance with the ordered
treatment, service alternative or community service. All
centers established pursuant to this subsection shall be
administered by a counselor certified by the Alcohol and
Drug Counselor Certification Board of New Jersey or other
professional with a minimum of five years' experience in the
treatment of alcoholism. All centers shall be required to
develop individualized treatment plans for all persons
attending the centers; provided that the duration of any
ordered treatment or referral shall not exceed one year. It
shall be the center's responsibility to establish networks
with the community alcohol and drug education, treatment and
rehabilitation resources and to receive monthly reports from
the referral agencies regarding a person's participation and
compliance with the program. Nothing in this subsection
shall bar these centers from developing their own education
and treatment programs; provided that they are approved by
the Division of Alcoholism and Drug Abuse.
Upon a person's failure to
report to the initial screening or any subsequent ordered
referral, the Intoxicated Driver Resource Center shall
promptly notify the sentencing court of the person's failure
to comply.
Required detention periods at
the Intoxicated Driver Resource Centers shall be determined
according to the individual treatment classification
assigned by the Intoxicated Driving Program Unit. Upon
attendance at an Intoxicated Driver Resource Center, a
person shall be required to pay a per diem fee of $75.00 for
the first offender program or a per diem fee of $100.00 for
the second offender program, as appropriate. Any increases
in the per diem fees after the first full year shall be
determined pursuant to rules and regulations adopted by the
Commissioner of Health and Senior Services in consultation
with the Governor's Council on Alcoholism and Drug Abuse
pursuant to the "Administrative Procedure Act," P.L.1968, c.
410 (C.52:14B-1 et seq.).
The centers shall conduct a
program of alcohol and drug education and highway safety, as
prescribed by the chief administrator.
The Commissioner of Health
and Senior Services shall adopt rules and regulations
pursuant to the "Administrative Procedure Act," P.L.1968, c.
410 (C.52:14B-1 et seq.), in order to effectuate the
purposes of this subsection.
VIOLATIONS
IN SCHOOL ZONE(S)
(g) When a violation of this
section occurs while:
(1) on any school property
used for school purposes which is owned by or leased to any
elementary or secondary school or school board, or within
1,000 feet of such school property;
(2) driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by
ordinance or resolution, has designated the school crossing
as such; or
(3) driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are
present if the municipality has not designated the school
crossing as such by ordinance or resolution, the convicted
person shall: for a first offense, be fined not less than
$500 or more than $800, be imprisoned for not more than 60
days and have his license to operate a motor vehicle
suspended for a period of not less than one year or more
than two years; for a second offense, be fined not less than
$1,000 or more than $2,000, perform community service for a
period of 60 days, be imprisoned for not less than 96
consecutive hours, which shall not be suspended or served on
probation, nor more than 180 days, except that the court may
lower such term for each day, not exceeding 90 days, served
performing community service in such form and on such terms
as the court shall deem appropriate under the circumstances
and have his license to operate a motor vehicle suspended
for a period of four years; and, for a third offense, be
fined $2,000, imprisoned for 180 days in a county jail or
workhouse, except that the court may lower such term for
each day, not exceeding 90 days, served participating in a
drug or alcohol inpatient rehabilitation program approved by
the Intoxicated Driver Resource Center, and have his license
to operate a motor vehicle suspended for a period of 20
years; the period of license suspension shall commence upon
the completion of any prison sentence imposed upon that
person.
A map or true copy of a map
depicting the location and boundaries of the area on or
within 1,000 feet of any property used for school purposes
which is owned by or leased to any elementary or secondary
school or school board produced pursuant to section 1 of
P.L.1987, c. 101 (C.2C:35-7) may be used in a prosecution
under paragraph (1) of this subsection.
It shall not be relevant to
the imposition of sentence pursuant to paragraph (1) or (2)
of this subsection that the defendant was unaware that the
prohibited conduct took place while on or within 1,000 feet
of any school property or while driving through a school
crossing. Nor shall it be relevant to the imposition of
sentence that no juveniles were present on the school
property or crossing zone at the time of the offense or that
the school was not in session.
DISCRETIONARY
SENTENCING ISSUES
(h) A court also may order a
person convicted pursuant to subsection a. of this section,
to participate in a supervised visitation program as either
a condition of probation or a form of community service,
giving preference to those who were under the age of 21 at
the time of the offense. Prior to ordering a person to
participate in such a program, the court may consult with
any person who may provide useful information on the
defendant's physical, emotional and mental suitability for
the visit to ensure that it will not cause any injury to the
defendant. The court also may order that the defendant
participate in a counseling session under the supervision of
the Intoxicated Driving Program Unit prior to participating
in the supervised visitation program.
The supervised visitation program shall be at one or more of
the following facilities which have agreed to participate in
the program under the supervision of the facility's
personnel and the probation department:
(1) a trauma center, critical
care center or acute care hospital having basic emergency
services, which receives victims of motor vehicle accidents
for the purpose of observing appropriate victims of drunk
drivers and victims who are, themselves, drunk drivers;
(2) a facility which cares
for advanced alcoholics or drug abusers, to observe persons
in the advanced stages of alcoholism or drug abuse; or
(3) if approved by a county
medical examiner, the office of the county medical examiner
or a public morgue to observe appropriate victims of vehicle
accidents involving drunk drivers.
As used in this section,
"appropriate victim" means a victim whose condition is
determined by the facility's supervisory personnel and the
probation officer to be appropriate for demonstrating the
results of accidents involving drunk drivers without being
unnecessarily gruesome or traumatic to the defendant.
If at any time before or
during a visitation the facility's supervisory personnel and
the probation officer determine that the visitation may be
or is traumatic or otherwise inappropriate for that
defendant, the visitation shall be terminated without
prejudice to the defendant. The program may include a
personal conference after the visitation, which may include
the sentencing judge or the judge who coordinates the
program for the court, the defendant, defendant's counsel,
and, if available, the defendant's parents to discuss the
visitation and its effect on the defendant's future conduct.
If a personal conference is not practicable because of the
defendant's absence from the jurisdiction, conflicting time
schedules, or any other reason, the court shall require the
defendant to submit a written report concerning the
visitation experience and its impact on the defendant. The
county, a court, any facility visited pursuant to the
program, any agents, employees, or independent contractors
of the court, county, or facility visited pursuant to the
program, and any person supervising a defendant during the
visitation, are not liable for any civil damages resulting
from injury to the defendant, or for civil damages
associated with the visitation which are caused by the
defendant, except for willful or grossly negligent acts
intended to, or reasonably expected to result in, that
injury or damage.
The Supreme Court may adopt
court rules or directives to effectuate the purposes of this
subsection.
MISCELLANEOUS OTHER
ASSESSMENTS
(i) In addition to any other
fine, fee, or other charge imposed pursuant to law, the
court shall assess a person convicted of a violation of the
provisions of this section a surcharge of $100, of which
amount $50 shall be payable to the municipality in which the
conviction was obtained and $50 shall be payable to the
Treasurer of the State of New Jersey for deposit into the
General Fund.
MISCELLANEOUS
OTHER SENTENCING ISSUES
N.J.S.A. 39:4-51.
A person who has been convicted of a first or second
violation of section 39:4-50 of this Title, and in pursuance
thereof has been imprisoned in a county jail or workhouse in
the county in which the offense was committed, shall not,
after commitment, be released therefrom until the term of
imprisonment imposed has been served. A person imprisoned in
the county jail or workhouse may in the discretion of the
court, be released on a work release program.
No warden or other officer
having custody of the county jail or workhouse shall release
therefrom a person so committed, unless the person has been
released by the court on a work release program, until the
sentence has been served. A person sentenced to an inpatient
rehabilitation program may upon petition by the treating
agency be released, by the court, to an outpatient
rehabilitation program for the duration of the original
sentence.
Nothing in this section shall
be construed to interfere in any way with the operation of a
writ of habeas corpus, a proceeding in lieu of the
prerogative writs, or an appeal.
The chief administrator shall
adopt such rules and regulations to effectuate the
provisions of this section as he shall deem necessary.
N.J.S.A. 39:4-50.16. The
Legislature finds and declares:
a. This State's penalties for
drunk driving, including the mandatory suspension of
driver's licenses and counseling for offenders, are among
the strongest in the nation. However, despite the severity
of existing penalties, far too many persons who have been
convicted under the drunk driving law continue to imperil
the lives of their fellow citizens by driving while
intoxicated.
b. Ignition interlock
devices, which permit a motor vehicle to be started only
when the driver is sober, offer a technically feasible and
effective means of further reducing the incidence of drunk
driving. The use of these devices was initiated in
California in 1986 and, according to the National Highway
Traffic Safety Administration, they are presently being used
or tested in at least 37 states.
c. The judicious deployment
of ignition interlock devices, as provided under this act,
will enhance and strengthen this State's existing efforts to
keep drunk drivers off the highways.
N.J.S.A. 39:4-50.17. Interlock
device as additional penalty
a. In sentencing a first
offender under R.S.39: 4-50, the court may order, in
addition to any other penalty imposed by that section, the
installation of an interlock device in every motor vehicle
owned, leased or regularly operated by the offender
following the expiration of the period of license suspension
imposed under that section. The device shall remain
installed for not less than six months or more than one
year, commencing immediately upon the return of the
offender's driver's license after the required period of
suspension has been served.
b. In sentencing a second or
subsequent offender under R.S.39:4-50, the court may order,
in addition to any other penalty imposed by that section,
the installation of an interlock device in every motor
vehicle owned, leased or regularly operated by the offender.
The device shall remain installed for not less than one year
or more than three years, commencing immediately upon the
return of the offender's driver's license after the required
period of suspension has been served.
c. The court shall require
that, for the duration of its order, an offender shall drive
no vehicle other than one in which an interlock device has
been installed pursuant to the order.
d. As used in this act,
"ignition interlock device" or " device" means a blood
alcohol equivalence measuring device which will prevent a
motor vehicle from starting if the operator's blood alcohol
content exceeds a predetermined level when the operator
blows into the device.
N.J.S.A. 39:4-50.18. Notification
of the Director of the Division of Motor Vehicles.
The court shall notify the
Director of the Division of Motor Vehicles when a person has
been ordered to install an interlock device in a vehicle
owned, leased or regularly operated by the person. The
division shall require that the device be installed before
reinstatement of the person' s driver's license that has
been suspended pursuant to R.S.39:4-50. The division shall
imprint a notation on the driver's license stating that the
person shall not operate a motor vehicle unless it is
equipped with an interlock device and shall enter this
requirement in the person's driving record.
N.J.S.A. 39:4-50.19. Failure to install interlock device;
penalties
a. A person who fails to
install an interlock device ordered by the court in a motor
vehicle owned, leased or regularly operated by him shall
have his driver's license suspended for one year, in
addition to any other suspension or revocation imposed under
R.S.39:4-50, unless the court determines a valid reason
exists for the failure to comply. A person in whose vehicle
an interlock device is installed pursuant to a court order
who drives that vehicle after it has been started by any
means other than his own blowing into the device or who
drives a vehicle that is not equipped with such a device
shall have his driver's license suspended for one year, in
addition to any other penalty applicable by law.
b. A person is a disorderly
person who:
(1) Blows into an interlock
device or otherwise starts a motor vehicle equipped with
such a device for the purpose of providing an operable motor
vehicle to a person who has been ordered by the court to
install the device in the vehicle.
(2) Tampers or in any way
circumvents the operation of an interlock device.
(3) Knowingly rents, leases
or lends a motor vehicle not equipped with an interlock
device to a person who has been ordered by the court to
install an interlock device in a vehicle he owns, leases or
regularly operates.
CONSENT TO GIVING BREATH
SAMPLES –
N.J.S.A. 39:4-50.2.
(a) Any person who operates a
motor vehicle on any public road, street or highway or
quasi-public area in this State shall be deemed to have
given his consent to the taking of samples of his breath for
the purpose of making chemical tests to determine the
content of alcohol in his blood; provided, however, that the
taking of samples is made in accordance with the provisions
of this act and at the request of a police officer who has
reasonable grounds to believe that such person has been
operating a motor vehicle in violation of the provisions of
R.S. 39:4-50.
(b) A record of the taking of
any such sample, disclosing the date and time thereof, as
well as the result of any chemical test, shall be made and a
copy thereof, upon his request, shall be furnished or made
available to the person so tested.
(c) In addition to the samples
taken and tests made at the direction of a police officer
hereunder, the person tested shall be permitted to have such
samples taken and chemical tests of his breath, urine or
blood made by a person or physician of his own selection.
(d) The police officer shall
inform the person tested of his rights under subsections (b)
and (c) of this section.
(e) No chemical test, as
provided in this section, or specimen necessary thereto, may
be made or taken forcibly and against physical resistance
thereto by the defendant. The police officer shall, however,
inform the person arrested of the consequences of refusing
to submit to such test in accordance with section 2 of this
amendatory and supplementary act. [FN1] A standard
statement, prepared by the director, shall be read by the
police officer to the person under arrest.
REFUSAL TO SUBMIT
PENALTIES –
N.J.S.A. 39:4-50.4
a. Except as provided in
subsection b. of this section, the municipal court shall
revoke the right to operate a motor vehicle of any operator
who, after being arrested for a violation of R.S.39:4-50,
shall refuse to submit to a test provided for in section 2
of P.L.1966, c. 142 (C.39:4-50.2) when requested to do so,
for not less than seven months or more than one year unless
the refusal was in connection with a second offense under
this section, in which case the revocation period shall be
for two years or unless the refusal was in connection with a
third or subsequent offense under this section in which case
the revocation shall be for ten years. A conviction or
administrative determination of a violation of a law of a
substantially similar nature in another jurisdiction,
regardless of whether that jurisdiction is a signatory to
the Interstate Driver License Compact pursuant to P.L.1966,
c. 73 (C.39:5D-1 et seq.), shall constitute a prior
conviction under this section.
The municipal court shall
determine by a preponderance of the evidence whether the
arresting officer had probable cause to believe that the
person had been driving or was in actual physical control of
a motor vehicle on the public highways or quasi-public areas
of this State while the person was under the influence of
intoxicating liquor or a narcotic, hallucinogenic, or
habit-producing drug or marijuana; whether the person was
placed under arrest, if appropriate, and whether he refused
to submit to the test upon request of the officer; and if
these elements of the violation are not established, no
conviction shall issue. In addition to any other
requirements provided by law, a person whose operator's
license is revoked for refusing to submit to a test shall be
referred to an Intoxicated Driver Resource Center
established by subsection (f.) of R.S.39:4-50 and shall
satisfy the same requirements of the center for refusal to
submit to a test as provided for in section 2 of P.L.1966,
c. 142 (C.39:4-50.2) in connection with a first, second,
third or subsequent offense under this section that must be
satisfied by a person convicted of a commensurate violation
of this section, or be subject to the same penalties as such
a person for failure to do so. For a first offense, the
revocation may be concurrent with or consecutive to any
revocation imposed for a conviction under the provisions of
R.S.39:4-50 arising out of the same incident. For a second
or subsequent offense, the revocation shall be consecutive
to any revocation imposed for a conviction under the
provisions of R.S.39:4-50. In addition to issuing a
revocation, except as provided in subsection b. of this
section, the municipal court shall fine a person convicted
under this section, a fine of not less than $300 or more
than $500 for a first offense; a fine of not less than $500
or more than $1,000 for a second offense; and a fine of
$1,000 for a third or subsequent offense.
b. For a first offense, the
fine imposed upon the convicted person shall be not less
than $600 or more than $1,000 and the period of license
suspension shall be not less than one year or more than two
years; for a second offense, a fine of not less than $1,000
or more than $2,000 and a license suspension for a period of
four years; and for a third or subsequent offense, a fine of
$2,000 and a license suspension for a period of 20 years
when a violation of this section occurs while:
(1) on any school property
used for school purposes which is owned by or leased to any
elementary or secondary school or school board, or within
1,000 feet of such school property;
(2) driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by
ordinance or resolution, has designated the school crossing
as such; or
(3) driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are
present if the municipality has not designated the school
crossing as such by ordinance or resolution.
A map or true copy of a map
depicting the location and boundaries of the area on or
within 1,000 feet of any property used for school purposes
which is owned by or leased to any elementary or secondary
school or school board produced pursuant to section 1 of
P.L.1997, c. 101 (C.2C:35-7) may be used in a prosecution
under paragraph (1) of this subsection.
It shall not be relevant to
the imposition of sentence pursuant to paragraph (1) or (2)
of this subsection that the defendant was unaware that the
prohibited conduct took place while on or within 1,000 feet
of any school property or while driving through a school
crossing. Nor shall it be relevant to the imposition of
sentence that no juveniles were present on the school
property or crossing zone at the time of the offense or that
the school was not in session.
UNDERAGE DRIVING AFTER
DRINKING –
N.J.S.A. 39:4-50.14
Any person under the legal age
to purchase alcoholic beverages who operates a motor vehicle
with a blood alcohol concentration of 0.01% or more, but
less than 0.08% , by weight of alcohol in his blood, shall
forfeit his right to operate a motor vehicle over the
highways of this State or shall be prohibited from obtaining
a license to operate a motor vehicle in this State for a
period of not less than 30 or more than 90 days beginning on
the date he becomes eligible to obtain a license or on the
day of conviction, whichever is later, and shall perform
community service for a period of not less than 15 or more
than 30 days.
In addition, the person shall
satisfy the program and fee requirements of an Intoxicated
Driver Resource Center or participate in a program of
alcohol education and highway safety as prescribed by the
chief administrator.
The penalties provided under
the provisions of this section shall be in addition to the
penalties which the court may impose under N.J.S.2C:33-15,
R. S.33:1-81, R.S.39:4-50 or any other law.
DWI WITH MINOR PASSENGER IN CAR –
N.J.S.A. 39:4-50.15
a. As used in this act:
"Minor" means a person who is
17 years of age or younger.
"Parent or guardian" means any
natural parent, adoptive parent, resource family parent,
stepparent, or any person temporarily responsible for the
care, custody or control of a minor or upon whom there is a
legal duty for such care, custody or control.
b. A parent or guardian who
is convicted of a violation of R.S.39:4-50 and who, at the
time of the violation, has a minor as a passenger in the
motor vehicle is guilty of a disorderly persons offense.
c. In addition to the
penalties otherwise prescribed by law, a person who is
convicted under subsection b. of this section shall forfeit
the right to operate a motor vehicle over the highways of
this State for a period of not more than six months and
shall be ordered to perform community service for a period
of not more than five days.
CONSUMING OR POSSESSING OPEN CONTAINERS OF ALCOHOL
N.J.S.A. 39:4-51a. Consumption
By Operator Or Passenger.
a. A person shall not consume
an alcoholic beverage while operating a motor vehicle. A
passenger in a motor vehicle shall not consume an alcoholic
beverage while the motor vehicle is being operated. This
subsection shall not apply to a passenger of a charter or
special bus operated as defined under R.S.48:4-1 or a
limousine service.
b. A person shall be presumed
to have consumed an alcoholic beverage in violation of this
section if an unsealed container of an alcoholic beverage is
located in the passenger compartment of the motor vehicle,
the contents of the alcoholic beverage have been partially
consumed and the physical appearance or conduct of the
operator of the motor vehicle or a passenger may be
associated with the consumption of an alcoholic beverage.
For the purposes of this section, the term "unsealed" shall
mean a container with its original seal broken or a
container such as a glass or cup.
c. For the first offense, a
person convicted of violating this section shall be fined
$200.00 and shall be informed by the court of the penalties
for a second or subsequent violation of this section. For a
second or subsequent offense, a person convicted of
violating this section shall be fined $250.00 or shall be
ordered by the court to perform community service for a
period of 10 days in such form and on such terms as the
court shall deem appropriate under the circumstances.
N.J.S.A. 39:4-51b. Open
Containers By Occupants Of Motor Vehicle.
a. All occupants of a motor
vehicle located on a public highway, or the right-of-way of
a public highway, shall be prohibited from possessing any
open or unsealed alcoholic beverage container. This
subsection shall not apply to a passenger of a charter or
special bus operated as defined under R.S.48:4-1 or a
limousine service.
b. A person shall not be
deemed to be in possession of an opened or unsealed
alcoholic beverage container pursuant to this section if
such container is located in the trunk of a motor vehicle,
behind the last upright seat in a trunkless vehicle, or in
the living quarters of a motor home or house trailer. For
the purposes of this section, the term "open or unsealed"
shall mean a container with its original seal broken or a
container such as a glass or cup.
c. For a first offense, a
person convicted of violating this section shall be fined
$200 and shall be informed by the court of the penalties for
a second or subsequent violation of this section. For a
second or subsequent offense, a person convicted of
violating this section shall be fined $250 or shall be
ordered by the court to perform community service for a
period of 10 days in such form and on such terms as the
court shall deem appropriate under the circumstances.
