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Driving While Intoxicated – N.J.S.A. 39:4-50

Driving While Intoxicated – N.J.S.A. 39:4-50

 

In the state of New Jersey, a person operating a motor vehicle or boat with a BAC of 0.08% or higher is considered to be driving under the influence. Due to public policy considerations and general public safety, the penalties can be very serious.

 

What Penalties Am I Facing?

 

Penalties depend on whether you are a multiple offender. Refer to the following:

 

FIRST OFFENSE:
BAC LEVEL .08%-.10%

  • Up to 30 days in jail
  • 90-day license suspension
  • $250-$400 fine
  • Fees: $230 IDRC; $100 DDF; $75 SNF
  • $1,000 surcharge per year for 3 years
  • IDRC 12-48 hrs.
  • Increased penalties for BAC level higher than .10%

 

 

SECOND OFFENSE:
BAC LEVEL Above .08%

  • 2 days – 90 days in jail
  • 2-year license suspension
  • $500-$1,000 fine
  • Fees: $280 IDRC; $100 DDF; $75 SNF
  • $1,000 surcharge per year for 3 years
  • IDRC 12-48 hrs.
  • 30 days community service
  • Interlock for 1-3 years

 

 

THIRD OFFENSE:
or Subsequent Offense

  • 180 days in jail
  • 10-year license suspension
  • $1,000 fine
  • Fees: $280 IDRC; $100 DDF; $75 SNF
  • $1,500 surcharge per year for 3 years
  • IDRC 12-48 hrs.
  • Interlock for 1-3 years

 

 

Do I have any Defenses?

 

The state has the burden to prove that the defendant committed this offense beyond a reasonable doubt. An experience attorney will advocate on your behalf to raise any or all of the following defenses:

 

 

  • No reasonable suspicion or probable cause to stop or search the vehicle
  • Failure to comply with the “20-minute” rule
  • Out of order alcotest machine
  • Improper field sobriety test
  • Discovery/evidence violations by police and prosecution
  • Miranda defenses
  • No probable cause to arrest

 

 

If you’ve received Driving While Intoxicated – N.J.S.A. 39:4-50  in the State of New Jersey and have questions, our Attorneys are glad to speak with you and provide the clarity and peace of mind you’re looking for.

 

 

 

 

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