Implications of New Jersey's DWI law

Outline by Kenneth Vercammen First offender penalties increased P.L. 2003, CHAPTER 314 Previously, a person who drives with a blood alcohol concentration (BAC) of 0.10% or higher is considered guilty of drunk driving. The New Law, effective January 20, 2004, reduces the BAC that constitutes drunk driving to 0.08%. The basis for this reduction was that the federal government has statutorily mandated that each state establish driving with a BAC of 0.08% or higher as its per se drunk driving offense. Any state that fails to pass such a law will lose a percentage of its federal highway funding. Under the Law's provisions, if the offender's BAC is 0.08% or higher but less than 0.10%, or if the offender operates a motor vehicle under the influence of intoxicating liquor, or if the offender permits another person under the influence of intoxicating liquor or with a BAC of 0.08% to 0.10% to operate a motor vehicle, the fine imposed would be $250 to $400 and the license suspension would be for three months. If the offender's BAC is 0.10% or higher, or if the offender operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the offender permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle, or permits another person with a BAC of 0.10% or higher to operate a motor vehicle, the fine imposed would be $300 to $500 and the license suspension would be for not less than seven months or more than one year. This means a first time offender with a BAC of only .10 faces a minimum 7 month license suspension, increased from 6 months. The bill also brings the law imposing penalties on underage persons who operate motor vehicles after consuming alcohol into conformity with the new 0.08% standard. Third offender mandatory jail P.L. 2003, CHAPTER 315, approved January 20, 2004 The new law requires persons convicted of a third or subsequent drunk driving offense to be sentenced to a mandatory 180-day term of imprisonment in a county jail or workhouse, but provides that the court may reduce the term of imprisonment for each day, up to a total of 90 days, that the person participates in an alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center (IDRC). Under the new law, at least 90 days would have to be served in jail without exception. Drunk drivers who are required to serve the mandatory term of imprisonment are ineligible to participate in a work release program. Under a work release program, qualified prisoners may be employed outside the jail, but when not working, they must be confined to the jail. Under old law, persons convicted of a third or subsequent offense of drunk driving are subject to 180 days imprisonment, except that the court may reduce this term by up to 90 days for each day served performing community service. Furthermore, these offenders may not be required to serve their term of imprisonment in the county jail or workhouse, but may serve such imprisonment in an inpatient rehabilitation program. New REFUSAL Law- Persons who refuse to submit to a test lose their driver's license for seven months to one year for a first offense. Sentence can be concurrent or consecutive. The NJ State Bar Association Board of Trustees voted to Oppose this legislation, based upon the recommendation of the Municipal Court Section, Chaired by Kenneth Vercammen. Previously, persons who commit a first offense of refusing to submit to a breathalyzer test after being arrested for drunk driving lose their license for six months. This bill would increase this period of license suspension to seven months to one year so that a first time offender would receive the same penalties that a drunk driver with a BAC of 0.10% receives. The bill also amends the refusal statute to specify that the period of license suspension imposed for a first offense of refusing to submit to a breathalyzer test may be concurrent or consecutive to a license suspension imposed for a drunk driving offense arising out of the same incident. The bill also clarifies the language concerning consecutive license suspensions for second or subsequent refusal convictions and convictions for drunk driving. The bill revises the penalties imposed for refusing to submit to a breathalyzer test when that offense occurs in a school zone. In order to promote uniform enforcement of the drunk driving and the refusal statutes, the bill requires the Attorney General to promulgate guidelines concerning the prosecution of violations of those statutes. The guidelines are to be disseminated to county and municipal prosecutors within 120 days of the bill's effective date