Information About Drunk Driving
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Generally, most states have been re-enforcing their respective driving while intoxicated (referred to as DWI or DUI laws) laws in order to reduce the high incidence of alcohol and drug related accidents on the streets and highways. Motor vehicle laws were established to protect the citizenry from dangerous, reckless and negligent drivers.
These laws vary from state to state. This introduction is not meant to replace the advice of an attorney with reference to anyone particular case but is an introduction to the primary issues involving a dwi charge.
The proofs that the qualified and competent arresting officer has to show in fulfilling his responsibility of demonstrating that the accused is driving intoxicated are varied: first hand impression and observation (the old fashioned way which was in effect before breathalyzer's and other scientific equipment became easily obtainable), admissions by the operator of the vehicle or other witnesses, the open and available containers and actual evidence, blood analysis, walking the line, etc.
In New Jersey, persons found guilty of operating a motor vehicle while under the influence of alcohol or drugs are subject to stiff financial penalties, fines and sometimes even incarceration as per N.J.S.A. 39:4-50.
A person who operates a motor vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit producing drug or with a blood alcohol content of 0.10% or more or who permits another to so operate his/her motor vehicle is subject to the following offenses in the State of New Jersey:
DRIVING WHILE INTOXICATED:
An individual does not have a right to refuse to submit to a breathalyzer
test ( a painless procedure of simply exhaling into a tube). Under New Jersey
Statute 39:4-50.2, any person who operates a motor vehicle on any public road
or highway is deemed to consent to the taking of samples of his/her breath
for the purpose of making the appropriate chemical analyses of alcohol
content. These exams are very reliable, in general. Thus, the offenses and
fines are:
REFUSAL TO SUBMIT TO BREATHALYZER TEST:
DRIVING WITH A SUSPENDED DRIVER'S LICENSE:
DRINKING WHILE AN OPERATOR OR PASSENGER IN A VEHICLE:
First Offense:
- A fine of between $250 to $400.00 dollars.
- Discretionary imprisonment of up to 30 days.
- Six months to one year loss of license driving privilegs.
- A minimum of six hours a day, for two days, of detainment
at a Driver Resource Center (IDRC) program at a charge of
$50.00 dollars per day first offense
- $100 dollar surcharge deposited in a drunken driver fund.
- Automobile insurance surcharge (additional fine to the State,
not through the Courts) of $1,000 dollars for three years.
- Restoration fee.
- Additional restoration fees through the Division of
Motor Vehicles.
Second Offense:
- A stiffer fine of $500 to $1,000.00 dollars (often payable
in partial payments to the Court, within a 6 month period).
- Incarceration of not less than 48 hours consecutive nor more
than 90 days.
- Loss of license for two years.
- 48 hours of detainment in the IDRC and a $75.00 dollar
charge.
- 30 days of community service.
- A surcharge of $100.00 dollars to the drunken driver's fund.
- Automobile insurance surcharge of $1,000.00 dollars for 3
years.
- DMV restoration fees.
Third Offense:
- A fine of $1,000.00 dollars.
- Imprisonment of 180 days; up to 90 days of this penalty can
be completed performing community service.
- 10 year loss of driving privileges.
- Possible detainment in an in patient alcoholism treatment
program.
- Fine to the IDRC.
- $100.00 dollar surcharge to the drunken driving fund.
- Automobile insurance surcharge of $1,500.00 dollars
a year for three years.
- DMV restoration fees.
First Offense:
- $250-500 dollar fine and a six month license suspension.
- IDRC referral.
- DMV surcharges as indicated for DWI.
- Auto insurance surcharge of $1,000 dollars for three years.
Second Offense:
- $250-500 dollar fine, two year loss of license.
- IDRC referral.
- DMV surcharges.
- Automobile insurance surcharges of $1,000 dollars for
three years.
- Fine of $500.00 dollars (not discretionary).
- 90 days discretionary imprisonment.
- 1-2 years added license suspension.
- If you or anyone is injured in an accident, while thus
driving suspended, a mandatory incarceration of 45 days.
- First Offense: $200.00 dollar fine.
- Second Offense: $250.00 dollar fine with 10 days of
community service.
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