New Jersey

Cover Page Technical Report Technical Summary Acknowledgements List of Tables Introduction Study Sites Observational Study Focus Group Research Conclusions References

Alcohol-Impaired Driving Laws Wisconsin New Jersey New Jersey statutes describe Driving While Intoxicated (DWI) as a "quasi-criminal" offense. DWI offenses are adjudicated through the state's municipal court system. Plea bargaining of DWI cases is not permitted by mandate of the Supreme Court of the state; therefore, no reduction in charge is permitted. There is no administrative license sanction for persons who refuse or fail the BAC test. Persons convicted of a first-time DWI offense receive a court-ordered mandatory minimum hard license suspension of six months, effective at the time of conviction; upon conviction, the license is taken by the court and forwarded to the Department of Motor Vehicles. No occupational or conditional license is available. A test refusal is charged as a separate violation; for a first-time alcohol test refusal, the court imposes a mandatory six-month license revocation. If a person is convicted of the separate violations of refusing the test and DWI, the license sanctions are served consecutively rather than concurrently. Following the completion of the requirements of sentencing, the Department of Motor Vehicle Services sends a Notice of Restoration of the license to the offender. A fee of $150 is required for reinstatement. An owner of a vehicle registered in New Jersey must purchase insurance, including liability insurance, personal injury protection, and uninsured motorist coverage. Driving an uninsured vehicle is against the law. New Jersey imposes mandatory minimum penalties for driving while suspended based on a DWI conviction. The penalties include an additional license suspension of one to two years, a fine of $500 or more, a jail term of 10 to 90 days, and an insurance surcharge of $250/year for three years. In addition, the registration of the offender's vehicle is revoked for the same time period as the license suspension, although temporary registration and tags may be issued so that other persons can use the vehicle for employment, educational, health, or medical purposes.