DUI/DWI in NJ
N.J.S.A. 39:4-50 is the statute that covers the operation of a motor vehicle while under the influence of intoxicating substances such as alcohol, hallucinogens, narcotics and many more habit-forming drugs described in the law. This refers to vehicles on land and in water as well as heavy machinery that can cause danger to the safety of other persons or property.
NJ DUI/DWI Charges
If you are facing a DUI/DWI charge in New Jersey, it is important that you speak with a defense attorney experienced in this area of law. New Jersey law outlines DUI/DWI charges as one of the most serious charges, and it attracts heavy penalties including jail time, license suspension and hefty fines.
Also, NJ has no provisions for hardship licenses, which means that you have to depend on public transportation until the matter has been resolved.
New Jersey DUI/DWI Conviction
The following are two ways to be convicted under the DUI/DWI statute in NJ.
- Operating vehicles/machinery while under the influence of alcohol – the prosecutor is required to prove that the driver consumed alcohol to the point where their mental faculties were diminished. To prove this, the law enforcement officer conducts standard sobriety tests at the point of arrest, whose results will serve as evidence for the prosecution.
- Driving/operating machinery above the BAC limit – persons will be convicted under this if their blood alcohol concentration is found to be higher than .08 percent, which will be measured using a breathalyzer at the time the law enforcement officer stops you.
It is possible to refuse to take breathalyzer tests in New Jersey, but this exposes you to an additional charge known as ‘refusing to take a breathalyzer test’. This is because all motorists who have driver’s licenses issued by the state of New Jersey issue implicit consent to be subjected to breathalyzer tests at the time of receiving their license.
DUI/DWI Penalties in NJ
Penalties in for DUI/DWI offenses in New Jersey depend on the extent to which the offender exceeded the BAC limit.
- Below .10 BAC: $250 – $400, plus 90 days license suspension, plus IDRC participation for 12 – 48 hours. May also impose a jail term of up to 30 days.
- Over .10 BAC: $300 – $500, plus 210 – 365 days license suspension, plus IDRC participation as above and 30 days in county jail.
This statute also covers operating motor vehicles or heavy machinery under the influence of all other drugs whose consumption results in a diminished capacity for the operator. For such drugs, there is no set maximum, provided the amount was sufficient to cause an impairment of the operator’s function.
DUI/DWI Insurance Points
On conviction for a DUI/DWI offense in NJ, nine points will be added to your insurance record that will result in much higher premiums for your insurance policy. This is separate from your driving record points. The higher the number of points you accumulate on your insurance record, the less your chances of finding an insurer willing to cover you. This means that you would have to be insured under the NJPAIP plan, which is significantly more expensive than any other insurance plan.
New Jersey DUI/DWI Defense Attorney
If you are facing a DUI/DWI charge, please contact The Law Office of Benjamin Friedman for a consultation to review your case. We have experience in handling DUI charges in New Jersey, stemming from a variety of circumstances, with positive outcomes.