The Basics of DUI Laws Every New Jersey Resident Should Know

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Drinking and driving or while being drugged is illegal all over the United States. All states levy strict penalties for this action, particularly if repeated. New Jersey is no different; in fact, it has its own strict laws and penalties that range from jail time to much more., The act of DUI (Drinking Under Influence) is seen as a misdemeanour; yet it is, in legal terms, a serious crime and the heaviest penalties are levied on it. If you are being faced with DUI charges, you should know the kind of penalties you will have to pay. It’s also important to know that severe DUI offences could land anybody in jail also. If you suspect that a friend might have landed in trouble, you’d do well to conduct a thorough inmate search, engage an attorney, and use your knowledge of the laws to secure his/her release., Here are the basics of New Jersey’s DUI laws that you should know if you are a resident of this state:, BAC level, If the police catch you driving while drunk or with a BAC (Blood Alcohol Concentration) level of 0.08% or more, you could be prosecuted under the state’s DUI laws. This is particularly stringent if you’re below 21 years old, because the legal limit for you is 0.01%. For drivers of commercial vehicles, the limit is 0.04%., Consent law, Like many American states, New Jersey too has an implied consent law. According to this law, you should take a breath test, which if you refuse, you will be detained by the police and a blood sample will be taken. For refusing, you could be asked to pay a hefty fine., If you refuse to take a chemical test, your license will be suspended for seven to 12 months and you will be fined anything ranging between $300 and $500., DUI Penalties in New Jersey, These are the penalties for drinking and driving in New Jersey which you should be aware of:, First offense with BAC ranging between 0.08% and 0.10%:, License suspended for 3 months, Jail term: Maximum 30 days, Fine: Between $250 and $400, Intoxicated Driver Resource Center (IDRC): 12 to 48 hours(mandatory), Intoxicated Driver Resource Center (IDRC) Fee: $230, Alcohol Education and Rehabilitation Fund Fee: $100, Drunk Driving Fund: $100, Neighborhood Services Fund: $75, Surcharges: $1,000 per year for 3 years, First offense with BAC of 0.10% or more:, License suspended for seven to 12 months, Jail term: Maximum 30 days, Fine: Between$300 and $500, Intoxicated Driver Resource Center (IDRC): 12 to 48 hours(mandatory), Intoxicated Driver Resource Center (IDRC) Fee: $230, Alcohol Education and Rehabilitation Fund Fee: $100, Drunk Driving Fund: $100, Neighborhood Services Fund: $75, Surcharges: $1,000 per year for 3 years., Ignition Interlock Device (IID): If BAC is 0.15% or more, suspension of license for six months to 1 year after license is restored, First DUI offense under 21 years old:, If you are below 21 years old and while driving, you have a BAC level that’s more than 0.01%, you could attract a range of fines and jail terms given above here, apart from:, Suspension of license: 30 to 90 days, Community service: 15 to 30 days, Mandatory Alcohol and Highway Safety Education with IDRC., If you are under 17 years of age and are still not licensed when charged, your license processing could be delayed for a further 30 to 90 days., The IDRC, Offenders under the DUI are sent to the IDRC (Intoxicated Driver Resource Center), which offers them a 12-48 hourprogram on alcohol and highway safety education. Here, they are rated on their drug or alcohol problem. If treatment is needed, the offender should complete at least 16 weeks in a particular program., He can supplement his treatment by being part of a self-help group. Here, they are rated on their compliance and any act of disobedience is reported to the court and the Motor Vehicle Commission (MVC). If the offender does not obey the rules of the IRDC, his license will be suspended and he may be granted a jail sentence too., The Ignition Interlock Device (IID), If it is found that a first-time DUI offender has a BAC level of 0.15% or more, he or she will have to install an ignition interlock device installed. His or her license will also be suspended for one to three years. In such a scenario, the offender is required to blow into the IID. If the person’s BAC level exceeds acceptable levels, the vehicle will not start, thus proving his offense., If it is proved that your vehicles needs to have an IID fitted, it is your duty to present proof of installation yourself at a Regional Service Center to restore your privilege to drive., Reinstating your driver’s license, After the license suspension period comes to an end, the MVC sends the offender a Notice of Restoration. At this point, the offender should restore his license by paying a restoration fee of $100, either in person, online or by mail., Now, the remaining steps to renew the offender’s driver’s license should be completed. In addition, if there are any requirements on the Notice of Restoration, they too should be completed now., Fighting back a DUI, The sharpest way of fighting a DUI is to hire an attorney who knows the ins and outs of DUI laws. He should be adept at wading through all the legal formalities and ensuring that you don’t get a penalty for no fault of yours., Concluding Remarks, Whether you drink and drive or you don’t, by virtue of being a resident of a particular state, you are obliged to know the rules regarding DUI so that you arm yourself with this knowledge, if ever caught in a situation of drinking and driving. You can then take swift and legal decisions for yourself and release yourself from an ugly situation, without having to pay any penalties or serve time in jail.