Sunday, January 4, 2015

DWI PENALTIES FOR OFFENSES -- N.J.S.A. 39:4-50(a) First (Operating or allowing operation)


DWI PENALTIES FOR OFFENSES
 -- N.J.S.A. 39:4-50(a)

First (Operating or allowing operation)
Offense: 0.08% but less than 0.10% (per se) or under the influence of intoxicating liquor (observation)
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Fine:
DWI Surcharge
DDEF Surcharge Assessments
Court Costs
Safe Neighborhood (SNSF) VCCA

IDRC*:
Jail:
Loss of D.L.:
Interlock for Principal Vehicle :

Facility Visitation:
First
(Operating or allowing operation)
$250.00 to $400.00 $100.00
$100.00
$6.00

Up to $33.00
$75.00
$50.00
12 to 48 Hours
Up to 30 Days
3 Months
Optional – 6 months to 1 year (if required-only following the suspension period)

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Optional
Offense: 0.10% or higher (per se) or under the influence of drugs(observation)
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Fine:
DWI Surcharge
DDEF Surcharge Assessments
Court Costs
Safe Neighborhood (SNSF) VCCA

IDRC:
Jail:
Loss of D.L.:
Interlock for principal vehicle:

Facility Visitation:
Second
(Operating or allowing operation)
$300.00 to $500.00 $100.00
$100.00
$6.00

Up to $33.00
$75.00
$50.00
12 to 48 Hours
Up to 30 Days
7 Months to 1 Year
Mandatory 6 months to 1 year if
.15 or higher BAC. Required during license suspension and this additional period. Optional-if less than .15 BAC - 6 months to l year following suspension period.
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Optional
Offense: 0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)
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Fine:
DWI Surcharge
DDEF Surcharge Assessments
Court Costs
Safe Neighborhood (SNSF) VCCA

IDRC:
Jail:
Loss of D.L.:
Community Service:
Interlock for principal vehicle:

Facility Visitation:
Third
(Operating or allowing operation)
$500.00 to $1,000.00 $100.00
$100.00
$6.00

Up to $33.00
$75.00
$50.00
In accordance with individual treatment classification (usually 48 Hours) 2 Days to 90 Days (Court may authorize two days through IDRC)

2 Years
30 Days
1-3 years mandatory- required during license suspension and this additional period
Optional

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Offense: 0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)
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Fine:
DWI Surcharge DDEF Surcharge Assessments Court Costs
Third Safe Neighborhood (SNSF) Offense VCCA
Continued IDRC
Jail:
Loss of D.L.:
Interlock for principal vehicle:

Facility Visitation:
* “IDRC” – Intoxicated Driver Resource Centers
$1,000.00 $100.00 $100.00 $6.00
Up to $33.00
$75.00
$50.00
In accordance with individual treatment classification
180 Days (up to 90 days can be served through inpatient program approved by IDRC).
Note: Jail cannot be served through IDRC, Community Service or Work Release (SLAP)***.
10 Years
1 – 3 Years Mandatory- required during license suspension and additional period
Optional

** State v. Luthe, 383 N.J.Super. 512 (App. Div. March 6, 2006)

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