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Friday, August 8, 2008

Laws & Penalties / Driving Under the Influence

Since I live in the State of New Jersey, I thought I would post the current laws and penalties when driving under the influence of alcohol. The law has changed and I myself didn’t realize the percentage was lowered when considered guilty for drunk driving or while under the influence.

If a person is operating a motor vehicle with a Blood Alcohol Concentration of 0.08 percent or greater, you will be found guilty of drunk driving. Although the law states 0.08%, you could actually be found guilty of driving under the influence even when your percentage is below the 0.08.

1st Offense
If the person’s blood alcohol concentration is 0.08 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 or has a blood alcohol concentration over 0.08, but less than 0.10 percent, the penalties are:

* A fine of $250 - $400
* Possible imprisonment for up to 30 days
* 3 month license suspension
* A minimum of 6 hrs a day for 2 consecutive days in an Intoxicated Driver Resource Center
* Automobile surcharge of $1,000 a year for 3 year

If the person’s blood alcohol concentration is above 0.10 percent:
·Fine of $300-$500
·Possible imprisonment for up to 30 days
·License suspension between 7 months and 1 year
·Six hrs. a day for 2 days in an Intoxicated Driver Resource Center
·Auto surcharge of $1,000 per year for 3 years

2nd Offense
Fine $500-$1000
Imprisonment of at least 48 consecutive hrs and up to 90 days
2 year license suspension
Auto insurance surcharge of $1,000 a year for 3 years
30 days community service

3rd Offense
Fine of $1,000
Imprisonment of 180 days
10 year license suspension
Auto insurance surcharge of $1,500 a year for 3 years

> Any offense can also include you having to deposit $100 into a drunk driving enforcement fund.
> Motor Vehicle 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 municipality in which you were convicted)

In addition to all the penalties and fees listed, a judge may also order that the installation of an Ignition Interlock Device be installed or revoke your vehicle’s registration. The Ignition Interlock Device measures the person’s blood alcohol level.

Did you know that if you refuse a breath test, you could have your license suspended up to one year and be fined $250-$500? And that’s only for the first offense.

A Drink is a Drink:
Beer: 12oz = 4.5% alcohol = .54 oz amount alcohol
Wine: 5oz = 11% alcohol = .55 oz amount alcohol
Alcohol: 1 1/3 = 40% alcohol = ..53 oz amount of alcohol

DON'T DRINK AND DRIVE


Source: NJ Division of Highway Safety

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