SENTENCES PENALTIES SELECTED MV OFFENSES N.J.S.A. 39:4-50(a) Driving While Intoxicated

SENTENCES & PENALTIES SELECTED MV OFFENSES
N.J.S.A. 39:4-50(a) Driving While Intoxicated
! Person operates a motor vehicle or permits another to operate a motor vehicle
! While under the influence of intoxicating liquor, narcotic, or habit producing drug
! Defined as: a substantial deterioration or diminution of the mental faculties or physical capabilities.
! State may convict based solely on observation evidence of motorist.
! Or while the operator has a blood alcohol concentration
! of 0.08% or more, but less than 0.10%
! of 0.10% or more
N.J.S.A. 39:4-50(g) Driving While Intoxicated In a School Zone
! Same elements as N.J.S.A. 39:4-50(a) PLUS:
! The violation occurs while:
! On any school property used for school purposed which is owned by or leased to any elementary or secondary schoolor school board, or within 1,000 feet of such school property;
! driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, hasdesignated the school crossing as such; or
! driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipalityhas not designated the school crossing as such by ordinance or resolution.
DWI, N.J.S.A. 39:4-50 2
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)
Fines $250 - $400 $300 - $500 $500 - $1000 $1000
Jail In court's discretion,incarceration not exceeding 30
days
In court's discretion,incarceration not exceeding 30 days Incarceration of not less than 48 consecutive hours to nor more than
90 days; 30 days community service
Incarceration not less than 180 days,except court may lower such term for
each day, not exceeding 90 days, servedin inpatient facility approved by IDRC
DLRevoke
Suspend
Suspension 3 month Suspension not less than 7 months,not more than 1 year Suspension 2 years Suspension 10 year
RevokeSuspend
Under17
Suspension to run thru 17th birthdate & thereafter for 3 month Suspension to run thru 17th birthdate & thereafter for not less than 7
months, not more than 1 year
Suspension to run thru 17th birthdate & thereafter for 2 years Suspension to run thru 17th birth date& thereafter for 10 years
Other $Penalties VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75N.J.S.A 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
OtherNon $
Penalties39:4-50(h)
May order participation in supervised visitation program as either acondition of probation or a form of community service
(No differentiation based on per se BAC reading)
Court may order participation insupervised visitation program as
either a condition of probation or aform of community service
Court may order participation insupervised visitation program as either a
condition of probation or a form ofcommunity service, AND
CommService No community service for 1st offense Shall serve 30 days60 days in school zone 39:4-50(g) No community service for 3rd orsubsequent offense