The Raritan Township Police Department takes the enforcement of New Jersey's drunk driving laws very seriously, and has a zero-tolerance policy for violators of those laws. The Raritan Township Police Department routinely conducts supplemental DWI patrols funded through state and federal grant programs.
In New Jersey, under N.J.S.A. 39:4-50, a person WILL be found guilty of drunk driving if a court finds that he or she operated a motor vehicle with a blood alcohol concentration (B.A.C.) of 0.08% or higher, or under the influence of drugs (illegal or prescription). In addition, a person MAY be found guilty of drunk driving if a court finds that he or she operated a motor vehicle with a blood alcohol concentration of less than 0.08%. The courts recognize that consuming even small amounts of alcohol can increase your reaction time and hamper your judgment to make split second decisions when operating a motor vehicle.
As an additional enforcement tool, some officers have been trained as Drug Recognition Experts (DRE). The DRE uses a standardized twelve-step evaluation process to determine whether or not a person is under the influence of drugs, and which category of drug that is causing the observable impairment. The twelve-step procedure also allows the DRE to rule out many medical conditions, such as illness or injury, which may be contributing to the person's impairment. While the main objective of the DRE training is DWI enforcement, the evaluation process has been applied in probation and parole settings and other areas where accurate identification of a drug-impaired individual is relevant.
The penalties for operating a motor vehicle while under the influence of alcohol or drugs are as follows:
In New Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. 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 judgement, vision and alertness. If you consume any amount of alcohol and your driving is negatively impacted, you can be convicted of drunk driving.
Parents and Guardians
A parent or guardian who is convicted of driving while intoxicated and had a passenger in the motor vehicle 17 years of age or younger, is also guilty of a disorderly persons offense. In addition, a person forfeits the right to operate a motor vehicle for a maximum of six months and must perform community service for up to five days.
The Penalties
1st Offense
Under New Jersey Law (P.L. 2003, CHAPTER 314), if an offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are:
- A fine of $250-$400
- Imprisonment for up to 30 days
- Driver’s license forfeiture until ignition interlock installed. Interlock required for 3 months.
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years.
If the offender’s BAC is 0.10 percent but less than 0.15 percent, or permits another person with a BAC of 0.10 percent but less than 0.15 percent to operate a motor vehicle, the penalties are:
- A fine of $300-$500
- Imprisonment for up to 30 days
- Driver’s license forfeiture until ignition interlock installed. Interlock required for 7 months to one (1) year.
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years
Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months after license restoration
2nd Offense
- A fine of $500-$1,000
- Imprisonment of at least 48 consecutive hours, and up to 90 days
- Minimum 1-year and up to 2-year license suspension.
- Completion of evaluation, referral and program requirements of the IDRC.
- 30 days of community service
- An automobile insurance surcharge of $1,000 a year for 3 years.
- Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration.
3rd Offense
- A fine of $1,000
- Imprisonment of 180 days except the court may lower such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC.
- 8 year license suspension.
- 30 days of community service.
- Completion of evaluation, referral and program requirements of the IDRC.
- An automobile insurance surcharge of $1500 a year for 3 years
- Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration.
Any Offense Also Carries
- $100 surcharge to be deposited in the 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
Registration Revocation/Ignition Interlock
In addition to these penalties, judges may order the revocation of the vehicle registration (Public Law 2000, Chapter 83).
The ignition interlock device, which measures the driver’s blood alcohol level, may be required for up to three years following license restoration after a DWI conviction. Any person may start a motor vehicle equipped with an interlock device for safety reasons or to repair the device or motor vehicle, but the convicted offender may not operate the vehicle
A person who, on behalf of the convicted offender, blows into an interlock device to start a motor vehicle or tampers with the device to circumvent its operation may be charged with a disorderly person’s offense.
MVC Restoration/Interlock Page
https://www.state.nj.us/mvc/license/suspension.htm
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 buy or drink alcohol in a place with an alcohol beverage license, you may be fined $500 and lose your driver license for 6 months. If you do not have your driver license, the suspension starts when you are first eligible to receive a license. Also you may be required to participate in an alcohol education or treatment program.
If you are under 21, drive with any detectable amount of alcohol in your system (.01 BAC or above), and are convicted for violating New Jersey’s zero tolerance law, the penalties are:
- Loss or postponement of driving privileges for 30 to 90 days
- 15 to 30 days of community service
- Participation in an alcohol and traffic safety education program
Driving with a Suspended License Due to Driving While Intoxicated – The Penalties are:
- A fine of $500
- 10 to 90 days imprisonment
- 1 to 2 years added license suspension
- If you are involved in a crash while your license is suspended and someone is hurt, you face a mandatory 45 day jail sentence
- Revocation of motor vehicle registration
If suspended for a first offense DWI and this is a second Driving While Suspended OR suspended for a second or subsequent DWI and this is the first Driving While Suspended, prosecution for violation 2C:40-26a which upon conviction carries mandatory term of imprisonment of at least 180 days without eligibility of parole
Refusal to Submit to Breath Test – The Penalties are:
1st Offense
- $300-$500 fine and a license suspension until Ignition Interlock Device installed. A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center.
2nd Offense
- $500-$1,000 fine and a 1 to 2-year license suspension following installation of Ignition Interlock Device. 48 hours consecutive detainment in Intoxicated Driver Resource Center.
3rd Offense
- $1,000 fine and an 8-year license suspension following installation of Ignition Interlock Device.
Installation of an ignition interlock device for a period of 9 to 15 months after license restoration for the 1st offense, 2 years to 4 years for the 2nd and 3rd offenses.
Automobile insurance surcharge of $1,000 a year for 3 years for 1st and 2nd offenses, $1,500 for 3rd offense
$100 surcharge to be deposited in the Drunk Driving Enforcement Fund
Referral to an Intoxicated Driver Resource Center
Possessing an Open Container in the Passenger Compartment – The Penalties are:
1st Offense - $200
2nd Offense - $250 fine or 10 days of community service
