Saturday, September 5, 2009

39:4-50Oper. or Allowing

DWI
39:4-50Oper. or
Allowing
1st OffensePer Se 0.08% or more but less
than 0.10% or operating underthe influence of alcohol
39:4-50(a)(1)(i.)
1st OffensePer Se 0.10% or more
of alcohol or drugs at anyintoxicating level
39:4-50(a)(1)(ii)
2nd OffenseWithin 10 years of previous
violation including foreignconvictions
39:4-50(a)(2)
3rd ORSubsequent Offense
Within 10 years of previous violationincluding foreign convictions
39:4-50(a)(3)
IDRC 12 to 48 hours IDRC & satisfy the screening, evaluation & referralrequirements to be completed on 2 consecutive days of at least 6 hours
each. If these requirements are not met, then mandatory 2-day term ofimprisonment & suspension DL until requirements are satisfied.
(no differentiation based on per se BAC reading)
Subject to 39:4-50(b)Satisfy the screening, evaluation &
referral requirements of the IDRC.If requirements not met, then
mandatory 2-day term ofimprisonment & suspension DL
until requirements are satisfied.
Subject to 39:4-50(h)Satisfy the screening, evaluation &
referral requirements of the IDRC. Ifrequirements not met, then mandatory
2-day term of imprisonment &suspension DL until requirements are
satisfied.Jail cannot be served in IDR Center
BAIID orRevoke
Regis.
May order installation of an interlock device on every owned, leased orregularly operated vehicle for not less than 6 months to not more than 1
year after the expiration of the period of suspension.No registration revocation for first offense
(No differentiation based on per se BAC reading)
Court shall order installation ofignition interlock device on every
owned, leased or regularly operatedvehicle for not less than 1 year to
nor more than 3 years after theexpiration of the period of
suspension, OR Court shall revoke registration
certificate & plates for 2 years39:3-40.1 (a)(1)
[Corrected 6-6-05]
Court shall order installation of ignitioninterlock device on every owned, leased
or regularly operated vehicle for not lessthan 1 year to nor more than 3 years
after the expiration of the period ofsuspension, OR
Court shall revoke registrationcertificate & plates for 10 years for a
third or subsequent offense39:3-40.1 (a)(1)
[Corrected 6-6-05]

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