3 Things Everyone Needs to Know about the Recent Changes to New Jersey’s DWI (Drunk Driving & Drugged) Laws
Drunk Driving (DWI) is a very common offense that our law firm handles for clients in New Jersey and Pennsylvania. Unlike most offenses, a DWI (New Jersey) or a DUI (Pennsylvania) often occurs simply because a person underestimated how much alcohol causes impairment. An easy rule is that if you’re driving, don’t drink but that isn’t reality in most situation. Alcohol Metabolism differs based on weight, height, muscle mass and fat.
Over the years, States have recognized that drunk driving does is an obvious public safety problem but that persons arrested, charged and convicted of it for should be granted some leniency which will still allow them to maintain employment and support their families. New Jersey is in agreement with these other jurisdictions in the United States.
#1 First Time Offenders – YOUR BAC Matters
One of the biggest changes to New Jersey’s DWI law is reducing the first-offense license suspension penalty, and replacing it with a mandatory ignition interlock device installation: If it first-offense DWI with a blood alcohol content between .08% and 0.10%, a person face the following consequences:
- Mandatory installation of the ignition interlock device for 3-6 months
- A 30-day license suspension
- A $250-$500 fine
- 12-48 hours at the Intoxicated Driver Resource Center
- Up to 30 days of jail time
Under the recent change, if the BAC (blood alcohol content) is between 0.10% and 0.15%, a first-time offender faces a license suspension of 45 days and will have to install and use an ignition interlock device for 6 months to a year.
If a first time offender’s BAC (blood alcohol content) is over 0.15%, he or she must install and use an ignition interlock device for 12-18 months and have their license suspended for 90 days.
Remember that unlike Pennsylvania, New Jersey DOES NOT have a pre-trial diversion program (ARD-Pennsylvania)
What are the penalties for a 2nd DWI which occurs within 10 years.
Here are the penalties for a second DWI offense within 10 years:
- Up to 90 days of jail time
- A 2-year loss of license ( but 1 year eligible for Ignition Interlock)
- A $1000 yearly surcharge for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center
- A $500-$1000 fine
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund fee
- A $75 Neighborhood Services Fund fee
What are the penalties for a 3rd DWI which occurs within 10 years.
Here are the penalties for a third DWI offense within 10 years:
- Up to 180 days of jail time
- A 10-year loss of license
- A $1500 yearly surcharge for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
- A $1000 fine
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund fee
- A $75 Neighborhood Services fund fee
#2 Voluntary Installation of Interlock Credit
The New DWI law allows for the driver to voluntarily install the ignition interlock device The driver who installs the interlock will receive a one-day credit against the period of license suspension for every 2 days the person has the ignition interlock device installed and a driver’s license with the appropriate notation. This person will not get credit if the DWI involved an accident resulting in serious bodily injury as defined in N.J.S. 2C:11-1 to another person.
New Jersey – Penalties For Driving Under the Influence with a Minor in the Car
Under 39:4-50.15 a parent or guardian convicted of drunk driving with a minor (a person 17 years or under)is also guilty of a disorderly person’s offense. In addition to the other penalties, the driver could be sentenced to a license suspension for up to six months and shall be ordered to perform community service. In addition, there is a more severe penalty if you are charged N.J.S. 2C:24-4(a)(2) Endangering the Welfare of Children which could result in a second or third-degree crime if parent or guardian is deemed to have caused harm that would make the child a neglected child as defined by law.
Penalties for Driving Under the Influence for Underage Drivers (under 21)
For a driver under age 21, the same rules and penalties for an adult over 21 are the same where the driver is drunk driving. There is a distinct difference however in that an underage driver can find themselves in trouble with any alcohol in their system. New Jersey is a zero-tolerance law state for underage drivers and there will be an arrest for driving while the driver’s BAC is 0.01% but under .08% since they are under the legal drinking age.
An underaged driver with a .01% Blood Alcohol concentration would be charged with what is referred to euphemistically as a “baby drunk.” It is not a drunk driving conviction however, an underage driver with a higher blood alcohol and or with poor performance on standard field sobriety tests could be convicted of driving while intoxicated the same as an adult and face all of the standard penalties mentioned earlier in this article.
#3 No Ignition Interlock for Drugged Driving in New Jersey
In New Jersey a person who has been arrested or convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic, or habit-producing drug or permitting another person who is under the influence of a narcotic, hallucinogenic, or habit-producing drug is not be eligible for the interlock device
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