State of New Jersey Motor Vehicle Commission - Driver Manual

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.

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. Change the last sentence to "See list of approved interlock device manufacturers.

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.

* Unsafe driving: A conviction of unsafe driving that endangers a person or property requires payment of a fine of not less than $50 or more than $150 for a first offense; not less than $100 or more than $250 for a second offense; and not less than $200 or more than $500 for a third offense. Motorist may be assessed motor vehicle penalty points if the offense occurs within five years of the prior offense. There is also a $250 court surcharge for each offense (N.J.S.A. 39:4-97.2).

* Reckless driving: Driving recklessly in a manner that willfully endangers the rights, property or safety of others is punishable by imprisonment of up to 60 days, or by a fine of not less than $50 or more than $200, or both for a first offense (N.J.S.A. 39:4-96). Points are assessed.

* Abandoning a vehicle: Motorists who abandon their motor vehicles on or along limited-access highways for four hours or more without permission are subject to a fine of not less than $100 or more than $500 and possible loss of driving privileges for up to two years. For subsequent violations the fine is not less than $500 or more than $1,000, and the suspension is up to five years. The same penalties apply when owners abandon their vehicles on any highway or public property without consent for 48 hours or more and when owners abandon their vehicles for any period without current license plates (N.J.S.A. 39:4-56.5).

* Carrying alcoholic beverages: Motorists who carry open or unsealed alcoholic beverage containers in passenger areas of motor vehicles are subject to a fine of $200 for a first offense and $250 or 10 days of community service for all subsequent offenses (N.J.S.A. 39:4-51a).

* Ice and snow: Motorists of private vehicles face fines of $200 to $1,000 for each time ice flies from their vehicles and causes death, injury or property damage. Fines for commercial owners and operators range from $500-$1,500 (N.J.S.A. 39:4-77.1).

* Highway construction zones: Speeding or other moving violations in areas undergoing highway construction mean doubled fines. Some offenses include reckless driving, careless driving, speeding, improper passing, tailgating, improper turns, failure to observe traffic lanes, failure to observe a traffic signal or sign and failure to obey directions of an officer (N.J.S.A. 39:4-203.5).

* 65 mph zone: Speeding 10 mph or more above the posted speed limit or other certain moving violations in a 65-mph speed zone means doubled fines. Some offenses include racing on a public highway, refusal to comply with an officer’s request, or failure to obey traffic signs or signals, failure to comply with rules for passing another vehicle, failure to obey road markings, failure to observe distance between vehicles and careless driving (N.J.S.A. 39:4-98.6).

* Failure to comply: Motorists face a $50 fine if they fail to comply with a police officer’s request to illuminate the driver’s compartment of the vehicle when stopped (N.J.S.A. 39:4-57.1).

* Insurance fraud: Motorists convicted of fraud on insurance applications and claims forms may receive fines of up to $5,000, or imprisonment for up to three years, or both. In the event the motorist fraudulently receives $500 or less, he/she may be fined up to $500 and/or imprisoned for not more than six months as a disorderly person. In addition, a person convicted of an automobile insurance crime will lose his/her driver license for one year (N.J.S.A. 39:6A-15).

* Drug offense: A New Jersey motorist’s driving privileges will be suspended after he/she is convicted of drug offenses in any federal or state court.

* Hit-and-run: A hit-and-run involving bodily injury or death results in a fine of $2,500 to $5,000 and/or 180 days in jail for the motorist. In addition, for a first offense, the motorist loses his/her license for one year. For subsequent offense, the motorist permanently loses his/her license (N.J.S.A. 39:4-129).

* Lying on application: Lying when applying for a license or registration will result in a fine of not less than $200 or more than $500 and/or up to six months imprisonment. A motorist will also lose his/her driver license privileges for six months to two years (N.J.S. A. 39:3-37).

* Forgery and fraud: Altering, forging and/or possession with intent to distribute a facsimile of a N.J. driver license is illegal and will result in up to a $150,000 fine, up to 10 years in prison and a driver license suspension

(N.J.S.A. 2C:21-2.1).

* Driving while suspended: Driving while a driver license and/or registration is

suspended can result in the following penalties:

o First offense: Fine of $500 and up to six months additional license and or registration suspension (N.J.S.A. 39:3-40)

o Second offense: - Fine of $750, jail sentence for not more than five days and up to six months additional license and/or registration suspension (N.J.S.A. 39:3-40)

o Third offense: - Fine of $1,000, a 10-day jail sentence and up to six months additional license and/or registration suspension (N.J.S.A. 39:3-40).

Additional penalties for driving while suspended:

* Driving while suspended for failing to pay an insurance surcharge will result in an additional $3,000 fine, plus the fines and penalties listed above (N.J.S.A. 39:3-40).