DRIVING WHILE INTOXICATED, PERMITTING DWI
N.J.S.A. 39:4-50
Please note: If the second offense for 39:4-50 occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. There is no ‘step-down’ for a fourth or subsequent offense.
N.J.S.A.
39:4-50
Title
Driving While Intoxicated
1st Offense – BAC 0.08% or higher, but less than .10%, or observation case $250 to $400 fine, and
VCCA $50, DDEF $100, SNSF $75, $100 surcharge, and
In court’s discretion, imprisonment not exceeding 30 days, and
1st Offense – BAC 0.10% or higher or operation under influence of drugs $300 to $500 fine, and
VCCA $50, DDEF $100, SNSF $75, $100 surcharge, and
In court’s discretion, imprisonment not exceeding 30 days, and
1st Offense
2nd Offense
$500 to $1000 fine, and VCCA $50, DDEF $100, SNSF $75, $100 surcharge, and
Imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days (court may authorize 2 days through IDRC), and
3rd or Subsequent Offense $1000 fine, and
VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
Imprisonment not less than 180 days in county jail or workhouse – no work-release, out- patient, etc.: must do time in confinement. Except the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and
-2-DRIVING WHILE INTOXICATED, PERMITTING DWI
N.J.S.A. 39:4-50
Please note: If the second offense for 39:4-50 occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. There is no ‘step-down’ for a fourth or subsequent offense.
N.J.S.A.
39:4-50 Continued
Title
Driving While Intoxicated
1st Offense – BAC 0.08% or higher, but less than .10%, or observation case Driver’s license suspension for a period of 3 months, and
IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
May order participation in supervised visitation program as either a condition of probation or form of community service, and
1st Offense – BAC 0.10% or higher or operation under influence of drugs Driver’s license suspension for not less than 7 months nor more than 1 year, and
IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
May order participation in supervised visitation program as either a condition of probation or form of community service, and
1st Offense
2nd Offense
Driver’s license suspension for 2 years, and
Community service for 30 days, and
May order participation in supervised visitation program as either a condition of probation or form of community service, and
3rd or Subsequent Offense Driver’s license suspension for 10 years, and
May order participation in a supervised visitation program as either a condition of probation or form of community service and
-3-
DRIVING WHILE INTOXICATED, PERMITTING DWI
N.J.S.A. 39:4-50
Please note: If the second offense for 39:4-50 occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. There is no ‘step-down’ for a fourth or subsequent offense.
N.J.S.A.
39:4-50 Continued
Title
Driving While Intoxicated
1st Offense – BAC 0.08% or higher, but less than .10%, or observation case May order installation of an interlock device for not less than 6 mos. nor more than 1 year commencing immediately on return of offender’s driver’s license (39:4-50.17), and
1st Offense – BAC 0.10% or higher or operation under influence of drugs If BAC is less than .15% may order installation of an ignition interlock device for not less than 6 mos. nor more than 1 year commencing immediately on return of offender’s driver’s license, and
BAC of .15% or higher shall order installation of ignition interlock device during period of suspension and for not less than 6 mos. nor more than 1 year beginning immediately upon return of offender’s driver’s license.
1st Offense
2nd Offense Shall order installation of ignition interlock device during license suspension and for not less than 1 year nor more than 3 years commencing immediately upon return of offender’s driver’s license, and
3rd or Subsequent Offense Shall order installation of ignition interlock device during license suspension and for not less than 1 year nor more than 3 years commencing immediately upon return of offender’s driver’s license, and
-4-
DRIVING WHILE INTOXICATED, PERMITTING DWI
N.J.S.A. 39:4-50
Please note: If the second offense for 39:4-50 occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. There is no ‘step-down’ for a fourth or subsequent offense.
N.J.S.A.
39:4-50 Continued
Title
1st Offense – BAC 0.08% or higher, but less than .10%, or observation case
Satisfy the screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.
1st Offense – BAC 0.10% or higher or operation under influence of drugs
Satisfy the screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.
1st Offense
2nd Offense
Satisfy screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.
