You can be charged with Driving While Intoxicated Drunken Driving, or Driving Under the Influence of Alcohol in the State of New Jersey, which in essence all mean the same thing if you are under the influence of drugs or alcohol, and also situations where you consumed no alcohol or took any drugs at all.
In the eyes of the State of New Jersey you can be charged with Driving While Intoxicated if you operate a motor vehicle while under the influence of:
a. intoxicating liquor, or
b. narcotic. hallucinogenic or habit producing drug, or
c. operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or
d. permits another under the influence of intoxicating liquor, narcotic. hallucinogenic or habit producing drug to operate a motor vehicle owned by him or in his custody or control or
e. permits another operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood owned by him or in his custody or control.
If convicted, you face a mandatory a driver’s license revocation for 3 consecutive months over the roads and highways in the State of New Jersey, a New Jersey Division of Motor Vehicle Surcharge of $1,000.00 per year for 3 consecutive years, a fine of $250.00 up to $500.00, incarceration of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers and in the discretion of the Court a term of imprisonment of not more than 30 days of not more than days.
Additional costs and charges include but are not limited to a license restoration fee of $150.00, Intoxicated Driver Resource Centers fee of $200.00 and possible fees for out patient counseling as may be required by them, Violent Crime Compensation Board Fund $50.00, Safe Neighborhood Fund $75.00, Driving While Intoxicated Enforcement Fund $50.00 and Court cost of up to $33.00.
Depending upon your particular circumstance, an increase in your automobile insurance premiums and also increases of automobile insurances premiums of each and all persons who reside with you or possibly a refusal to insure you.
If you are convicted, popular misconceptions include but are not limited to:
a. You can apply for or be granted a “conditional”, “hardship” “sun up to sun down” or be granted another type of driver’s license that permits you to operate a motor vehicle.
b. You can have the offense downgraded or make a plea bargain with the State. The Supreme Court of New Jersey prohibits this practice and you cannot. (However, under certain limited circumstances involving the State’s burden of proof in this type of matter, the State may request the Court to amend, reduce or dismiss the charge so long as it is has a factual basis for the request.)
c. It is necessary and mandatory for the State to introduce into evidence the results of a breathalyzer test, blood alcohol test or a medical test in order to secure a conviction for driving under the influence of alcohol or drugs.
d. I am honest and the jury will believe me. (New Jersey does not presently permit a jury trial if you are charged with Driving While Intoxicated.)
All of the information, consequences, affects of a charge and conviction of this type of offense cannot be chronolicaled in this type of article. Each and every case is different and requires individual attention. Know your rights, contact me at (866) 784-2285 for a free initial consultation 24/7.
