Intoxicated DRIVER Resource Center

Intoxicated DRIVER Resource Center
State law requires that any motorist charged with an alcohol-related traffic offense must be detained at an IDRC. Each of New Jersey’s 21 counties has an IDRC where first- and third-time offenders are detained. Second-time offenders are detained at one of three regional IDRCs. The N.J. Department of Health and Senior Services, Division of Addiction Services, and the Intoxicated Driving Program coordinates all IDRCs.
During detention, all offenders attend an alcohol and highway safety education program. The center evaluates each offender for an alcohol or drug problem and determines the need for treatment. Those deemed in need of treatment are referred to an appropriate provider for at least a 16-week treatment program.
Satisfactory participation in a state-assigned program is a condition for re-licensing. Failure to comply will result in further loss of driving privileges and the possibility of imprisonment

• Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf

Ignition Interlock DEVICE (N.J.S.A. 39:4-50.17)

Ignition Interlock DEVICE (N.J.S.A. 39:4-50.17)
If a driver license was suspended because of a DUI offense, the court may require the individual to install an ignition interlock device in order to fully restore his/her driving privilege. This device is attached to the vehicle with a built-in Breathalyzer and prevents the vehicle from starting if the motorist’s BAC exceeds .05 percent. The interlock requirement is in addition to any other penalty required under the state’s drunk driving statute. Court ordered installation may be required for:

·       first dui offense: Installation of interlock device for six months to one year (judge’s discretion)

·       Second dui offense: Installation of interlock device for one to three years or a two-year suspension of registration privileges

·       third dui offense: Installation of interlock device for one to three years as a condition of restoring driving privileges or a 10-year suspension of registration privileges

If the court sentences a motorist to install an interlock device, he/she will receive an MVC notice explaining how to obtain the device, as well as an additional MVC notice confirming the suspension. An approved list of interlock device manufacturers can be found on the MVC’s Web site at www.njmvc.gov.

• Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf

Breath TEST refusal (N.J.S.A. 39:4-50.4a)

Breath TEST refusal (N.J.S.A. 39:4-50.4a)

New Jersey has an implied consent law. This means that motorists on New Jersey roadways have agreed, simply by using New Jersey roadways, to submit to a breath test given by law enforcement or hospital staff following an arrest for a drinking- and-driving offense. Motorists who refuse to take a breath test will be detained and brought to a hospital, where hospital staff may draw blood.

Motorists who refuse to take a breath test in New Jersey are subject to an MVC insurance surcharge of $1,000 per year for three years. Failure to pay this surcharge will result in an indefinite suspension of driving privileges until the fee is paid. Motorists who refuse to take a breath test will be detained and brought to a hospital, where hospital staff may draw blood.

Under state law, refusal to take a breath test is equal to driving with a BAC of .10 percent for a first offense. The current penalty for refusal is the loss of driving privileges for between seven months and one year, to run concurrently or consecutively, based upon a judge’s order.

• Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf
• The courts may require DUI offenders to use ignition interlock devices on their motor vehicles. An interlock device (see page 117) is attached to a motor vehicle to prevent it from being started when the alcohol level of the motorist’s breath exceeds a predetermined amount. The interlock requirement is in addition to any other penalty required under the state’s drunk driving statute. Installation is for six months to three years, beginning when the motorist’s driver license has been restored following suspension. 
  • Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf

NJ Driving under THE Influence (Dui)

NJ Driving under THE Influence (Dui)

Drivers under age 21 (the legal age to purchase/consume an alcoholic beverage) found with a blood alcohol concentration (BAC) at .01 percent or more while operating a motor vehicle will be penalized (N.J.S.A. 39:4-50.14). The current BAC for driver’s age 21 and older is .08 percent (N.J.S.A. 39:4-50).

In New Jersey, a person must be 21 to purchase, possess or consume alcoholic beverages. Underage drinking is illegal and can have severe consequences for young people who drink and for adults who provide alcoholic beverages to those under age 21.

If a driver under age 21 buys or drinks alcohol in a place with an alcoholic beverage license, he/she may be fined $500 and lose his/her license for six months. If a person under age 21 does not have a driver license, the suspension starts when he/she is first eligible to receive a license. Also, the person may be required to participate in an alcohol education or treatment program.

mandatory Penalties

first offense/BAC .08% or more but less than .10% (N.J.S.A. 39:4-50)

• Three-month suspension of driving privilege
• $250 to $400 ne
• 12- to 48-hour participation in an Intoxicated Driver Resource Center (IDRC)
• $230 per day IDRC fee
• Up to 30 days imprisonment
• $100 Drunk Driving Enforcement Fund fee (N.J.S.A. 39:4-50.8)
• $100 Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee
• $1,000 annual surcharge for three years
• $75 Safe Neighborhood Services Fund fee (N.J.S.A. 2C:43-3.2)
• Possible interlock device requirement for six months to one year (N.J.S.A. 39:4-50.17)
• Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf

NJ Driving is a privilege, not a right.

NJ Driving is a privilege, not a right. State law allows or requires an individual’s driving privilege to be suspended for certain motor vehicle violations, which means the driver license will be taken away and the motorist may not drive for a stated period of time. In addition to license suspension, fines and imprisonment may also be imposed for moving violations. The length of suspension time depends on the law that is broken and how many convictions a motorist receives. Likewise, license restoration depends on the types of offenses and the number of convictions. A habitual offender is a motorist whose driver license has been suspended three times in three years. To avoid any problems, it is important to know and obey New Jersey’s traffic laws, which are in place to protect every motorist.

Some suspensions are decided on a case-by-case basis. If the sentence is not mandatory, the Chief Administrator of the MVC or the courts may suspend driving privileges. Reasons for loss of driving privileges may include, but is not limited to the following reasons:

• Failure to appear in court or to pay nest • Failure to pay motor vehicle surcharges • Driving while suspended
• Failure to provide proof of insurance

• Physical or mental disqualification • Drug or alcohol use
• Traffic law violations
• At fault in a fatal accident

• Failure to respond to an MVC notice

The MVC Chief Administrator may also require a re-examination of any person considered to be a problem driver. This re-examination will help to determine whether driving privileges should be suspended. 

Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf