Chapter 6 Drinking & Drugs Effects of Alcohol

Alcohol is a drug that affects overall driving ability. Just one drink may effect a drivers driving ability.

Driving Under the Influence (DUI) of intoxicating beverages means that a driver’s senses and judgment are impaired by alcohol. After two, three or four drinks, alcohol begins to impair reaction time, coordination and balance. Vision and the ability to judge distance is affected, making it more difficult to react and to drive safely.

The only thing that can make a person sober is time. The only way to check is through blood alcohol concentration, or BAC. A breathalyzer test will show a motorist’s BAC. BAC is determined by four factors:

Quantity of alcohol consumed Body weight How quickly drinks were consumed Food eaten

Legal Limits of BAC The best way to reduce the risk of a crash

caused by drinking and driving is not to drive at all

after drinking!!!

In New Jersey, it is illegal for an individual who is 21 years of age or older to drive with a BAC of .08 percent or higher. For individuals younger than 21, it is illegal to drive with a BAC of .01 percent or higher.

If a motorist has reached a BAC of slightly above .05 percent after drinking, the risk for causing a motor vehicle accident Doubles. The risk is Six times as great when driving with a BAC of .10 percent. The risk is 25 times greater when driving with a BAC of .15 percent

BAC Risk

.05 x2

.10 x6

.15 x25

Implied Consent Law Remember: When you sign your license / permit, you agree to take a

breathalyzer test if pulled over and suspected of driving under the influence

Under state law; Refusal to take a breath test is equal to driving with a BAC of .10 percent for a first offense.

Studies show that most people arrested for drinking and driving had been drinking beer

Drunk Driving Continued.. Drinking affects a motorist’s thinking and slows reaction time. Alcohol may also give a motorist a false feeling that they can do anything. Some signs of Drunk Driving Include: Speeding: An intoxicated driver often thinks high speed driving is safe

Weaving: Even though an intoxicated driver may stay in the correct lane, driving straight may be a problem Slow driving: An intoxicated driver may be overly cautious and drive slower

than the normal traffic flow

Quick stops: An intoxicated driver may make sudden stops at a traffic sign or light, rather than easing up to

Being a Good Host

Good Hosts and the Drinking Driver

Always be a good host. If serving alcohol at a

party, stop serving alcohol well before the party

ends. If someone drinks too much, do not let them

drive. If no other transportation is available,

invite the guest to spend the night or find an alternative

form of transportation. Hosts may become involved in a

lawsuit if a guest is involved in a drinking and driving

collision after leaving the party.

Chapter 7…The Driving Privilege

Reasons for loss of driving privileges may include: Failure to appear in court or to pay fines Failure to pay motor vehicle surcharges Driving while suspended Failure to provide proof of insurance Physical or mental disqualification Drug or alcohol use Traffic law violations At fault in a fatal accident Failure to respond to an MVC notice

• Driving is a privilege, not a right. Which means the drivers license could be taken away and the motorist may not drive for a stated period of time. In addition to license suspension, fines and imprisonment may also be imposed for moving violations. The length of suspension time depends on the law that is broken and how many convictions a motorist has received.

Driving Under the Influence / DUI

The current BAC for drivers age 21 and older is .08 percent

If a driver under age 21 buys or drinks alcohol :

Fined $500

Loss of license for six months.

If a person under age 21 does not have a driver license, the suspension starts when he/she is first eligible to receive a license.

Mandatory Penalties for DUI

First offense/BAC .08% or more but less than .10%

Three-month suspension of driving privilege

$250 to $400 fine

12- to 48-hour participation in an Intoxicated Driver Resource Center (IDRC)

Up to 30 days imprisonment

First offense/BAC .10% or more

Seven-month to one-year suspension of driving privilege

$300 to $500 fine

12- to 48-hour participation in an Intoxicated Driver Resource Center (IDRC)

Up to 30 days imprisonment

Underage DUI

Underage first offense/BAC .01% or more but less than

.08%

30 to 90 day suspension of driving privilege (on the day motorist becomes

eligible to obtain license or on the day of conviction, whichever is later)

15 to 30 days community service

Participation in an Intoxicated Driver Resource Center (IDRC).

In New Jersey, a person must be 21 to purchase,

possess or consume alcoholic beverages.

Remember having a BAC of .01% or higher would be

considered under the influence if you are under 21

years old.

Refusal of Breathalyzer Test

Motorists who refuse to take a breath test in New Jersey are subject to an MVC insurance surcharge of $1,000 per year for three years. Failure to pay this surcharge will result in an indefinite suspension of driving privileges until the fee is paid.

Under state law, refusal to take a breath test is Equal to driving with a BAC of .10% for a first offense.

The current penalty for refusal is the suspension of license up to

seven months to one year,

Intoxicated driver resource center

(IDRC)

State law requires that any motorist charged with an alcohol-related traffic offense must be detained at an IDRC.

$230 per day

Satisfactory participation in a state-assigned program is a condition for re-licensing. Failure of program would result in further loss of driving privileges and possibility of imprisonment.

Additional Penalties…

Carrying alcoholic beverages: -- “OPEN CONTAINER”

• $200 fine for a first offense

• $250 or 10 days of community service for all subsequent offenses.

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.

Driving while a license and/or registration is suspended due to a drug or alcohol offense, refusal to take a breath test or if the motorist is a HABITUAL OFFENDER, will result in:

• a fine of $500 and an

• additional license suspension of one to two years

• imprisonment for 10 to 90 days.

3 SUSPENSIONS IN 3 YEARS

Driver Programs

Driver Improvement Program (DIP) Motorists who accumulate between 12 and 14 points in a 24-month

period will receive a Notice of Scheduled Suspension by mail from the

MVC.

Upon receiving the notice, a motorist can do one of the following:

Attend a New Jersey Driver Improvement Program Request a hearing Surrender his/her driver license for the suspension period Completion of DIP

A motorist who successfully completes a Driver Improvement Program will have three points removed from their driving record.

After completion of a D.I.P there is a probationary period for one year. Any violations that occur during this probationary period will result in a scheduled suspension of the motorist’s driving privileges.

Defensive Driving Courses

Most road collisions are caused by motorist error.

To reduce the likelihood of being involved in a collision, a

motorist needs to understand the concept of defensive

driving. Upon completion of the defensive driving course:

Two points will be removed from the accumulated points currently on a driver license.

The motorist may qualify for an insurance rate reduction. Contact an insurance agent for more information.

The MVC will only recognize a defensive driving course once every five years for point reduction.

Probationary Driver Program (PDP)

A motorist begins a two-year probationary driver period after receiving a special learner or examination permit.

During this probationary period: A motorist convicted of two or more moving violations totaling four or more

points must enroll in the Probationary Driver School Program The attendance fee is $150 for this program, which corrects improper or

dangerous driving habits Completion of this program will result in a three-point reduction on an individual

motorist’s history record. Failure to complete the program or conviction of one or more subsequent moving

violations during the test period will result in a suspension of driving privileges.

The Point System

The MVC keeps track of a motorist’s driving record by adding points

to the record when the motorist is convicted of a moving violation.

The more serious the violation, the more points the motorist is given.

Up to three points will be subtracted from a motorist’s point total for

every year that the motorist goes without a violation or suspension,

but the point total will never be reduced below zero.

Operating a motor vehicle on public or private property to

avoid a traffic control signal or sign. Penalty = 2pts.