DRIVING WHILE INTOXICATED

2009 Impaired Driving National Enforcement Crackdown
Aug 21 - Sep 7, 2009

The Law:

Definition of Impairment:

In New Jersey, a person who operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher is guilty of drunk driving. BAC refers to the amount of alcohol in your blood. Although the law refers to a 0.08 percent BAC, you can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent. Consuming even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgment, vision, and alertness. If you consume any amount of alcohol and your driving is affected, you can be convicted of driving under the influence. It is also a violation for a person to operate a motor vehicle under the influence of a narcotic, hallucinogenic or habit producing drug. You can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving under the influence law. What follows is a summary of the penalties that result when a person is convicted of violating New Jerseys DUI law.

The Penalties:

P.L. 2003, Chapter 314 created two categories for first time offenders based on BAC levels. The parameters for the two categories and corresponding penalties are:

1st Offense:

If the persons BAC is 0.08 percent or higher but less than 0.10 percent, or if the person operates a motor vehicle while under the influence of intoxicating liquor, or if the person permits another person who is under the influence of intoxicating liquor or who has a BAC over 0.08 percent but less than 0.10 percent to operate a motor vehicle, the person will:

Pay a fine of $250-$400
Possibly be imprisoned for up to 30 days
Receive a 3 month license suspension
Spend a minimum of six hours a day for two consecutive days in an intoxicated Driver Resource Center
Pay an automobile insurance surcharge of $1,000 a year for 3 years

If the persons BAC is 0.10 percent or higher, or the person operates a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, or permits another person who is under the influence of a narcotic, hallucinogenic or habit producing drug or has a BAC of 0.10 percent or higher to operate a motor vehicle, the person will:

Pay a fine of $300-$500
Possibly be imprisoned for up to 30 days
Receive a license suspension of 7 months to 1 year
Spend a minimum of six hours a day for two consecutive days in an intoxicated Driver Resource Center
Pay an automobile insurance surcharge of $1,000 a year for 3 years

2nd Offense:

Pay a fine of $500-$1,000
Be imprisoned for at least 48 consecutive hours, and up to 90 days
Receive a 2 year license suspension
Pay an automobile insurance surcharge of $1,000 a year for 3 years
Complete 30 days of community service

3rd Offense:

Pay a fine of $1,000
Be imprisoned for 180 days
Receive a 10 year license suspension
Pay an automobile insurance surcharge of $1,500 a year for 3 years

Any Offense Also Carries:

A $100 surcharge to be deposited in a drunk driving enforcement fund
A Motor Vehicle Commission restoration fee of $100 and an Intoxicated Driving Program fee of $100
A Violent Crimes Compensation Fund fee of $50
A Safe and Secure Community Program fee of $75
$100 surcharge ($50 to the state and $50 to the municipality in which conviction is obtained)
Compliance with screening, evaluation, referral, program and fee requirements of the Intoxicated Driving Program

Registration Revocation / Ignition Interlock:

In addition to these penalties, judges may order the installation of an ignition interlock device or revocation of vehicle registration (Public Law 2000, Chapter 83).

The ignition interlock device, which measures the drivers blood alcohol level, may be required for up to three years following license restoration after a DUI conviction.

Driving With a Minor:

A parent or guardian who is convicted under the DUI law and has a passenger in the motor vehicle 17 years of age or younger, is also guilty of a disorderly persons offense. In addition to the penalties prescribed by law, this person forfeits the right to operate a motor vehicle for a period of not more than six months and must perform community service for a period of not more than five days.

Consequences of Underage Drinking and Driving:

In New Jersey, you must be at least 21 years of age to purchase, possess or consume alcoholic beverages. Underage drinking is illegal and can have severe consequences for young people who drink and for adults who provide alcoholic beverages to those under 21.

If you are under 21 and you buy or drink alcohol in a place licensed to sell alcohol beverage, you may be fined $500 and lose your license for 6 months. If you do not have a drivers license, the suspension starts when you are first eligible to receive a license. You may also be required to participate in an alcohol education or treatment program.

If you are under 21 and drive with any detectable amount of alcohol in your system (.01 BAC or above) you will be subjected to the following penalties:

Loss or postponement of driving privileges for 30 to 90 days
15 to 30 days of community service
Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program.

Driving with a Suspended License Due to DUI:

A fine of $500
10 to 90 days imprisonment
1 to 2 years additional license suspension
If you have an accident and someone is hurt while your license is suspended, you face a mandatory 45 day jail sentence
Revocation of motor vehicle regisrtation

Refusal to Submit to a Breath Test:

1st offense - $250-$500 fine and a license suspension of not less than 7 months or more than one year.
2nd offense - $250-$500 fine and a 2 year license suspension
3rd offense - $250-$500 fine and a 10 year license suspension
An automobile surcharge of $1,000 a year for 3 years for 1st and 2nd offenses, $1,500 for a 3rd offense
A $100 surcharge to be deposited in a drunk driving enforcement fund
Referral to an intoxicated Driver Resource Center

Possessing an Open Container in the Passenger Compartment:

1st offense - $200
2nd offense - $250 fine or 10 days of community service

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The Drink Wheel
On-Line BrAC Calculator
About Disclaimer

Courtesy of Intoximeters Inc.

I have had over a period of hour(s)².

I am Male Female (Explanation of gender differences in Blood Alcohol Concentration)

and I weigh Pounds Kilograms

and I live in (so that the result is displayed in the appropriate units).

About the Drink Wheel

The Intoximeters Inc. "Drink Wheel"¹ is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.

Why is it called a "Drink Wheel"?

We call it the "Drink Wheel" because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.

Disclaimer

It would be extremely foolish for us to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.

A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.

The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.