Driving Driving Privileges & Privileges &

PenaltiesPenaltiesChapter 7Chapter 7

Privilege?Privilege?

State LawState LawAllows or requires an Allows or requires an

individuals driving privilege individuals driving privilege to be suspended for certain to be suspended for certain motor vehicle violationsmotor vehicle violationsDriver license will be taken Driver license will be taken

away for a stated period of away for a stated period of timetime

Length of SuspensionLength of Suspension

Depends on the law that is Depends on the law that is broken and how many broken and how many convictions a motorist convictions a motorist

receives.receives.

Habitual OffenderHabitual Offender

Motorist whose driver Motorist whose driver license has been license has been suspended 3 times in 3 suspended 3 times in 3 years.years.

Reasons for Suspension but Reasons for Suspension but not limited to:not limited to:

Failure to appear in court or pay finesFailure to appear in court or pay fines

Failure to pay motor vehicle surchargesFailure to pay motor vehicle surcharges

Driving while suspendedDriving while suspended

Failure to provide poof of insuranceFailure to provide poof of insurance

Physical or mental disqualifications Physical or mental disqualifications

Drugs or alcohol useDrugs or alcohol use

At fault in an accidentAt fault in an accident

Failure to response to an MVC noticeFailure to response to an MVC notice

Drinking AgeDrinking Age

In New Jersey, a person must be 21 to In New Jersey, a person must be 21 to purchase, possess or consume alcoholic purchase, possess or consume alcoholic beverages.beverages.

Drivers under age 21 found with a blood Drivers under age 21 found with a blood alcohol concentration of .01 percent or alcohol concentration of .01 percent or more is considered under the influence more is considered under the influence and will be penalizedand will be penalized

Underage drinking is illegal and can have Underage drinking is illegal and can have severe consequences for young people severe consequences for young people who drink and for adults who provide who drink and for adults who provide alcoholic beverages to those under age 21alcoholic beverages to those under age 21..

Mandatory PenaltiesMandatory Penalties(1(1stst offense/BAC .08 or more but less offense/BAC .08 or more but less

than .10%)than .10%)

3 month suspension of driving privilege3 month suspension of driving privilege

$250 to $400 fine$250 to $400 fine

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

$230 per day IDRC fee$230 per day IDRC fee

Up to 30 days prisonUp to 30 days prison

$100 Drunk Driving Enforcement Fund fee$100 Drunk Driving Enforcement Fund fee

$100 Alcohol Education, Rehabilitation and $100 Alcohol Education, Rehabilitation and Enforcement Fund feeEnforcement Fund fee

$1,000 annual surcharge for 3 years$1,000 annual surcharge for 3 years

$75 Safe Neighborhood Services Fund fee$75 Safe Neighborhood Services Fund fee

Possible interlock device requirement for six Possible interlock device requirement for six months to one yearmonths to one year

Mandatory PenaltiesMandatory Penalties(1(1stst offense/BAC .10% or more) offense/BAC .10% or more)

Seven months to one year suspension of driving Seven months to one year suspension of driving privelegeprivelege

$300-$500 fine$300-$500 fine

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

$230 per day IDRC fee$230 per day IDRC fee

Up to 30 days prisonUp to 30 days prison

$100 Drunk Driving Enforcement Fund fee$100 Drunk Driving Enforcement Fund fee

$100 Alcohol Education, Rehabilitation and $100 Alcohol Education, Rehabilitation and Enforcement Fund feeEnforcement Fund fee

$1,000 annual surcharge for 3 years$1,000 annual surcharge for 3 years

$75 Safe Neighborhood Services Fund fee$75 Safe Neighborhood Services Fund fee

Possible interlock device requirement for six Possible interlock device requirement for six months to one yearmonths to one year

Underage first offense/BAC .01% or more

but less than .08%30 to 90 day suspension of driving

privilege15 to 30 days community serviceParticipation in an Intoxicated Driver

Resource Center (IDRC) or alcohol education and highway safety program, as prescribed by the MVC Chief Administrator

Breath TestBreath Test Implied consent law-Implied consent law- motorists on NJ roadways motorists on NJ roadways

have agreed, simply by using NJ roadways, to have agreed, simply by using NJ roadways, to submit to a breath test given by law enforcement submit to a breath test given by law enforcement or hospital staff following an arrest for a drinking or hospital staff following an arrest for a drinking and driving offenseand driving offense

IF YOU REFUSE!IF YOU REFUSE!

• Subject to MVC charge of $1,00o per year for 3 Subject to MVC charge of $1,00o per year for 3 yearsyears

• Detainment and bought to a hospital, where Detainment and bought to a hospital, where hospital staff may draw bloodhospital staff may draw blood

• Under state law, refusal to take a breath test is Under state law, refusal to take a breath test is equal to driving with a BAC of .10 percent for a equal to driving with a BAC of .10 percent for a first offensefirst offense