The majority of arrests for driving while intoxicated (DWI) in New Jersey are the result of alcohol consumption by the driver. Over the last few years, the number of such arrests related to operating under the influence of drugs has been on the rise. This trend is expected to continue with the implementation of New Jersey's Medicinal Marijuana Program.
While the technology for detecting and measuring alcohol consumption is well-established by using a breath test, challenges exist for law enforcement in detecting drug-related impairment. Agencies of law enforcement statewide have been training officers to be drug recognition experts (DRE) to better address these concerns.
New Jersey DWI Arrests[1]
|
2017 |
2016 |
2015 |
2014 |
|
25,804 |
26,724 |
27,500 |
27,772 |
Driving While Intoxicated (DWI) (39:4-50)
Motorists are prohibited from operating a vehicle while under the influence of “intoxicating liquor, narcotic, hallucinogenic or habit producing drug.” For operation while under the influence of alcohol, the legal limit is a blood alcohol concentration (BAC) of .08%.
“Drugged” Driving
Drivers are also prohibited from operating a vehicle while under the influence of drugs. The law explains that this applies to any chemical or substance that may create “intoxication, inebriation, excitement, stupefaction or dulling of the brain or nervous system.” Many other substances are also included such as marijuana, inhalants such as nitrous oxide, benzene, and more.
New Jersey Legislative Changes
Recently, New Jersey became the 34th state to mandate that all DWI offenders have an ignition interlock device (IID) installed on their vehicle. These are devices that require the driver to submit a breath sample to detect alcohol before operating a vehicle. The employment of IIDs is now largely favored to suspending the offender's driver's license.
DWI: First-Time Offender Penalties
- If the driver's BAC is .08 to .10% they will have their driver's license suspended for 30 days and a maximum of $400 fine imposed. An IID may be required on the vehicle for up to six months. All offenders must also attend an Intoxicated Drivers Resource Center program or other similar alcohol safety classes.
- If the driver's BAC ranges from .10 to .15% or involves driving under the influence of drugs, they will have their driver's license suspended for 45 days and be fined up to $500. The IID installation requirement may be imposed for up to one year.
- Offenders with a BAC exceeding .15% with have an automatic 90-day driver's license revocation and be fined of up to $500. The driver may be ordered to maintain an IID for up to 18 months.
Consent to Chemical Testing Requirement (39:4-50.2)
New Jersey motorists are deemed to have provided consent to comply with any request from a law enforcement officer to submit to chemical testing. This is applicable when an officer of law enforcement has reasonable grounds to suspect driver impairment.
Driver Refusal to Submit (39:4-50.4a)
Failing to comply with an officer's request to submit to testing is prohibited. Various penalties may be imposed independently of the DWI charges for failing to comply, including the revocation of driving privileges.
Experienced Defense Attorney for DWI in Salem County
Prosecutors in cases of driving while intoxicated are increasingly imposing more stringent penalties on offenders. This is largely the result of the number of injuries and fatalities that occur annually from impaired driving. Attorney Joseph D. Lento has spent years defending clients in these cases and achieving positive outcomes. Contact the office today at (888) 535-3686.
[1] https://www.nj.com/news/2018/05/dwi_dismissals_are_on_the_rise_heres_why.html
