New Jersey DUI Penalties
Implied Consent Laws
Laws involve drivers suspected of driving under the influence to admit to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rebuttal carries penalties that can include obligatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In New Jersey, any driver with a blood-alcohol absorption - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this substantiation is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” centre of attention on drivers not of legal drinking age. In New Jersey, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more harsh punishment for those convicted of DUI with a particularly high blood-alcohol content at the time of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in New Jersey.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above New Jersey’s maximum allowable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In New Jersey, for the original DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The sentence of vehicle confiscation for DUI conviction – either permanently or temporarily - is a chance in some states, generally for repeat offenders. This is not a penalty option in New Jersey.
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Ignition Interlock
An ignition interlock device attaches to the convicted DUI offender’s vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a possibility in some states, this is not an alternative in New Jersey.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and prevention program, treatment for alcohol abuse, and appraisal of a person for possible alcohol or drug reliance can be required for DUI offenders in New Jersey. These steps are often recommended instead of serving a sentence of incarceration or paying fines.
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