- 12-48 hours detainment in an Intoxicated Driver Resource Center (IDRC)
- 3-month driver's license loss
- A fine of $250 -$400
- Other monetary sanctions that can exceed $300
If your BAC is .10% or higher
- Up to 30 days in jail.
- 12-48 hours detainment in an IDRC
- 7 months to 1 year driver's license loss
- A fine of $300-$500 - Other monetary sanctions that can exceed $300
2. Second Offense
- Mandatory imprisonment of not less than 48 consecutive hours nor more than 90 days
- 2-year driver's license loss
- Completion of screening, evaluation and referral requirements of IDRC.
- Mandatory installation of interlocking device in your motor vehicle for 1-3 years beginning after your license suspension or a revocation of your registration and plates for 2 years.
- 30 days of community service
- $500 to $1000
- Other monetary sanctions that can exceed $300
3. Third Offense
- Mandatory imprisonment of 180 days. The court may lower such term for each day served in an IDRC-approved inpatient rehabilitation program, but not exceeding 90 days.
- 10-year driver's license loss
- Completion of screening, evaluation and referral requirements of IDRC.
- Mandatory installation of interlocking device in your motor vehicle for 1-3 years beginning after your driver's license suspension or a revocation of your vehicle registration and plates for 10 years.
- A fine of $1,000
- Other monetary sanctions that can exceed $300
B. School Zone Offense
1. First Offense
- Up to 60 days in jail
- 1-2 year driver's license loss
- 12-48 hours detainment in an IDRC
- A fine of 500-800
- Other mandatory sanctions that can exceed $300
2. Second Offense
- Mandatory imprisonment of not less than 96 hours nor more than 180 days. The court may lower such term for each day served in an IDRC approved inpatient rehabilitation program, but not exceeding 90 days.
- 4 years driver's license loss to begin after term of imprisonment is served
- 60 days of community service
- A mandatory completion of a DWI alcohol Countermeasures Screening and Evaluation Program
- Mandatory installation of a locking device on your motor vehicle for 1-3 years or revocation of your vehicle registration and plates for 2 years.
- A fine of $2,000
3. Third Offense
- Mandatory imprisonment of 180 days. The court may lower such term for each day served in an IDRC inpatient rehabilitation program, but not to exceed 90 days.
- 20-year driver's license loss to begin after term of imprisonment is served
- A mandatory completion of a DWI Alcohol Countermeasures Screening and Evaluation Program
- Mandatory installation of a locking device on your motor vehicle for 1-3 years or revocation of your vehicle registration and plates for 2 years.
- A fine of $2,000
C. Refusal to Submit to a Breath Test
1. First Offense
- 7-12 month driver's license loss
- A fine of $300 - $500
- Referral to IDRC
2. Second Offense
- 2-year driver's license loss
- A fine of $500 -$1000
- Referral to IDRC
3. Third Offense
- 10-year driver's license loss
- $1,000 fine
- Referral to IDRC
D. Under-Age DWI Offense
- License suspension or prohibition from obtaining a license for 30-90 days
- Perform community service for 15-30 days
- Participation in an IDRC
- These penalties shall be in addition to the penalties which the court may impose under the DWI statute or any other law.
E. Other Alcohol Related Offenses Penalties
1. Driving While Suspended Where Your Suspension Was Due to DWI
- 10 to 90 days imprisonment
- 1 to 2-year additional driver's license suspension
- A fine of $500
2. Consumption of Alcoholic Beverages While an Operator or Passenger in a Motor Vehicle
- First Offense - $200 Fine
- Second Offense - $250 or 10 days community service
3. Possession of Open, Unsealed Alcoholic Beverage Container in a Motor Vehicle
- First Offense - $200 fine
- Second Offense - $250 fine or 10 days of community service
Copyright (c) 2008 Frank Luciano
A. Allowing Others to Drive Your Vehicle
You can be convicted of a DWI offense if you allow an intoxicated person to operate your motor vehicle (Allowing Offense). If you are convicted of this offense, you will be sentenced to penalties similar to a DWI Offense conviction. The intellectual underpinning for this part of the Drunk Driving Statute is based on a public policy that finds no distinction between the serious risks created by drunk drivers and those who allow drunk drivers to operate a motor vehicle.
Apart from the basic similarities in sentencing options that exist between an Allowing Offense and a DWI Offense, the facts that the government must prove for each of the offenses are almost the same, including the opportunity to use the per se component of the statute. There are a couple of material additions to the government's proofs, however.
First, you must consciously and knowing consent to the operation of the vehicle and provide the intoxicated person with an opportunity to drive the vehicle. Thus, if you are intoxicated and turn over your keys to your buddy who is also drunk, you can be convicted of an Allowing Offense even if you are later found asleep in the back seat of the vehicle. Second, you must have actual and constructive knowledge that the operator was intoxicated at the time authorization to drive was given. Consequently, if you allowed your friend to borrow your car when he was sober, and he later became intoxicated, you could not be convicted of an Allowing Offense.
Third, you must own, control, or have custody of the vehicle operated by a drunk driver. Ownership of a vehicle is self-evident control. Ordinarily, the government can show control or custody of a vehicle by establishing some type of connection between you and the motor vehicle. For example, if your father allows you to drive the family car, and you later give the keys to your intoxicated friend, you can be convicted of an Allowing Offense.
B. DWI Offense With A Minor Present
If you operate a motor vehicle while intoxicated where the vehicle is occupied by a minor, in addition the to DWI offense, you may also be convicted of a disorderly persons offense if you are the parent or guardian of the child. Notably, a disorderly persons offense is criminal in nature, whereas a DWI Offense is a motor vehicle violation. As a disorderly persons offender, you may be sentenced to a period of incarceration for up to 6 months and fined up to $1,000. Moreover, if your level of intoxication is elevated, you may be charged with an indictable offense involving the endangerment of a minor. This offense can expose you to a term of imprisonment from 3 to 5 years.
C. Under-Age DWI Offense
If you are younger than 21 years of age and you decide to drive a motor vehicle while under the influence of alcohol or drugs, special rules apply. Unlike the adult counterpart of the DWI statute, which creates a presumption of intoxication with a .08% BAC, the "Baby DWI Statute," as it is sometimes referred to, creates the presumption at .01% BAC. Further, the so-called Baby DWI Statute, unlike the adult statute, does not appear to require operation on a public road to be an offense.
D. Boating DWI Offense
If you operate a boat while intoxicated, you can be convicted of an offense that will expose you to a serious collection of penalties, including the loss of you drivers license and boating licenses, extensive fines, and even a jail term. N.J.S.A. 12:7-46 (Boating DWI Offense).
The statute defines a boat or vessel as one that must be equipped with some type of motor. A boat propelled by a sail or muscle (e.g. row boat, canoe) does not apply. Moreover, the boat must be operated in the waters of the State of New Jersey, including lakes, rivers, streams, lagoons, inlets and contiguous ocean areas.
The term "operation" is broadly defined to mean navicate, use, control or command. Resultantly, an intoxicated owner of a boat who is not actually operating it may be convicted of a Boating DWI Offense and if the operated is intoxicated, the owner can be convicted of allowing a drunk to operate his boat.
Jurisdiction for the prosecution of a Boating DWI Offense can be set in the municipal court where the offense occurred or the Superior Court.
Frank Luciano has sinced written about articles on various topics from Legal Matters, DWI lawyers and Drunk Driving. Frank T. Luciano, P.C.147 Main Street, Suite 5Lodi, NJ 07644(973) 471-0004ftluciano@aol.com