| If stopped on suspicion of driving under the influence, do you have to take an alcohol breath test?
Anyone who operates a motor vehicle on the highways of New Jersey must consent to the giving of breath samples for the purpose of detecting DWI if the police have a reasonable suspicion that you may have been drinking. This suspicion could be from your own admissions, from the manner of your driving, or from alcohol on your breath.
Does New Jersey provide for a "Conditional License" if my license is suspended for a DWI (or any other offense)?
Although some states provide for a conditional license to allow you to go back and forth to work, New Jersey has not yet adopted such a measure. The license suspension in New Jersey, for any offense, is an absolute suspension - you may not drive for any reason while on the suspended/revoked list. (See penalties for driving while suspended.)
How many breath samples must I give?
You are required to give at least two breath samples. You must blow sufficiently into the machine in order for the operator to get a valid reading. Failure to give an adequate breath sample could result in your being cited for refusal to take a alcohol breath test test.
What are the penalties for DWI?
The penalties for DWI are:
For a first offense
(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment 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 established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;
(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment 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 established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than six seven months nor more than one year.;
For a second offense (DWI or Refusal): $500, $100 DWI penalty; $50 Violent Crime Compensation Board Penalty; $75 Safe Neighbors Assessment; 2 year loss of drivers license; 2 to 90 days in jail, 30 days community service. The DMV assesses a surcharge of $3,000 payable over three years.
For a third or subsequent offense (DWI only): $1,000, $100 DWI penalty; $50 Violent Crime Compensation Board Penalty; $75 Safe Neighbors Assessment; 10 year loss of drivers license; 6 months in jail. The DMV assesses a surcharge of $3,000 payable over three years.
What evidence does the prosecutor need to prove that I was Drunk Driving?
He or she needs to prove that you were operating the motor vehicle, that before you drove the car you consumed an alcoholic beverage, and that at the time of the driving, the alcohol consumption had an adverse affect on your ability to operate a motor vehicle. In New Jersey, if your Blood Alcohol Content (B.A.C.) is .08% percent or higher, then you are per se driving while intoxicated.
What evidence does the prosecutor need to prove that I refused to take the alcohol breath test exam?
All the prosecutor has to show (by a preponderance of the evidence) is that you did not agree to take the test. If you remain silent or ask to talk to a lawyer, that would be considered a "refusal". You would be given a second chance to change your mind if you did that, but the offer to take the breatalyzer isn't held open very long. You should always immediately agree to take the test and give valid samples of your breath. |
