In New Jersey, a person is considered to be driving drunk if he or she operates a motor vehicle with a Blood Alcohol Concentration (“BAC”) of 0.08 percent or greater. An individual’s BAC is a measure of the amount of alcohol in his or her system. The penalties that accompany a DUI charge depend on whether this is an individual’s first offense or subsequent offense. A multiple offense DUI in New Jersey carries harsher fines and penalties. An individual guilty of a second offense DUI is subjected to the following penalties:
- Fine of $500 – $1,000
- Imprisonment of at least 48 consecutive hours, and up to 90 days
- 2-year license suspension
- 48 consecutive hour detainment in a regional intoxicated Driver Resource Center
- $1,000 a year automobile insurance surcharge for the next 3 years
- Installation of an ignition interlock device for 1-3 years after license restoration
An ignition interlock device is a tool meant to measure a driver’s blood-alcohol level and cannot be tampered with if installed. The penalties for a second offense DUI also vary if the offense occurs within a school zone or school crossing. In such a case, the fine and license suspension period will be increased. An individual guilty of a third offense DUI in New Jersey is subjected to the following fines and penalties:
- Fine of $1,000
- 6 months imprisonment
- 10-year license suspension
- $1,500 a year automobile insurance surcharge for the next 3 years
- Installation of an ignition interlock device for 1-3 years after license restoration
- Detainment in an in-patient alcoholism treatment program
- Intoxicated Driver Resource Center fee
The penalties for a third offense DUI may also be increased if the offense occurs within a school zone or school crossing. In addition to the above penalties, any DUI offense, whether first or subsequent, carries the following penalties:
- $100 surcharge deposited in Drunk Driving Enforcement Fund
- $100 Motor Vehicle Commission restoration fee
- $100 Intoxicated Driving Program fee
- $75 Safe and Secure Community Program fee
- $50 Violent Crimes Compensation Fund fee
Further, if a parent or guardian is operating a vehicle while intoxicated with a passenger under the age of 18, that individual will also be guilty of a disorderly persons offense. Under the disorderly persons offense, an individual forfeits his or her right to operate a motor vehicle for a period of 6 additional months and must also perform 5 days of community service. In New Jersey, if more than 10 years have elapsed between an individual’s first DUI and subsequent offense, the subsequent offense is treated as a first offense for purposes of sentencing. This does not mean an individual’s first offense is erased from his or her record. Rather, the second offense is only treated as a first offense to determine penalties.