DWI penalties are enhanced when the violation occurs on school property, within 1,000 feet of school property, or while the offender is driving through a designated school crossing. The penalties are as follows:
In addition to other penalties associated with New Jersey’s DWI laws, a person who is convicted of DWI while a person 17 or younger is in the vehicle will be required to forfeit his or her driver’s license for an additional period of not more than six months.
First-time DWI offenders may be required to install an ignition interlock device in every vehicle they own, use, or regularly operate for six months to one year after the offender’s driver’s license suspension period expires.
Second and subsequent DWI offenders will be required to install an ignition interlock device in every vehicle they own, use, or regularly operate for one to three years after the offender’s driver’s license suspension period expires.
All persons convicted of DWI in New Jersey must pay a $150 surcharge. Of this, $75 is payable to the municipality where the conviction was obtained and $75 is payable to the State for deposit into its general fund.
In addition to other penalties associated with New Jersey’s DWI laws, a commercial driver who is convicted of DWI while operating a commercial vehicle will have his or her commercial driver’s license suspended for one to three years for the first offense. If, however, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the suspension period is three years. If a commercial driver is convicted of DWI while operating a non-commercial vehicle, the offender’s commercial license will be suspended for one year. If a commercial driver commits a second DWI while operating a commercial vehicle, the offender’s commercial driver’s license will be suspended for life, which may or may not be reduced to a period of 10 years.
An underage person who commits a DWI with a BAC of .01 but less than .08 is required to forfeit his or her driver’s license for 30 to 90 days. The underage offender is also required to perform community service work for 15 to 30 days and attend a program of alcohol education and highway safety. These penalties are in addition to any penalties that may be imposed under New Jersey’s DWI laws applicable to offenders 21 and older.
Under this law, a person who is injured as a result of the negligent service of alcohol by a server at a licensed drinking establishment may recover damages from the establishment if the server was negligent; the injury was caused by the negligent service of alcohol; and the injury was a foreseeable consequence of the negligent service of alcohol. A licensed server will be found negligent only when he or she served a visibly intoxicated person or served a minor under circumstances where the server knew or should have known that the person served was a minor. If liable, the drinking establishment is responsible to pay for the percentage of damages equal to the percentage of negligence attributable to the server.
Under this statute, a person who is injured as a result of the negligent provision of alcohol by a social host to a person 21 or older may recover damages from the social host only if the social host willfully and knowingly provided alcohol to a visibly intoxicated person under circumstances that created an unreasonable risk of foreseeable harm to the life of another; the social host failed to exercise reasonable care to avoid that risk; and the injury arose out of a motor vehicle accident caused by the visibly intoxicated person. Under this statute, if a blood alcohol test was given to the intoxicated person, the social host may be held liable if the person’s BAC measured .10 percent or more.
In New Jersey, a person who sells or provides alcohol to a person under 21 commits a disorderly persons offense, which is a petty offense that subjects the offender to a fine of up to $1,000. Additionally, a person who makes their home available to underage drinkers will also be guilty of a disorderly person offense.
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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.