Driving Under the Influence

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The only scientific way to determine whether a driver is under the influence is through Blood Alcohol Concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be Driving Under the Influence (DUI).

Being convicted of a DUI is a serious offense in New Jersey, carrying heavy penalties including:

  • Fines, fees and surcharges
  • License suspension
  • Ignition interlock device
  • Jail time
  • Community service

There are set mandatory fines and penalties in place to address the degree of BAC level you are found with. These include but are not limited to:

Alcohol or drug related DUI with BAC of 0.10% or greater – 

A drivers license loss of 7 months to 1 year, prison term of up to 30 days, 12–48 hours participation in an IDRC (Intoxicated Driver Resource Center).

Alcohol or drug related DUI with BAC of 0.15% or greater –

Ignition interlock device during license suspension and 6 months to 1 year following license restoration, prison term of up to 30 days, 12–48 hours participation in an IDRC (Intoxicated Driver Resource Center)comm.

Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10% – 

Drivers license loss of 3 months, prison term of up to 30 days plus 12–48 hours participation in an IDRC (Intoxicated Driver Resource Center).

Repeated DUI convictions – 

2nd offense within 10 years – drivers license loss of 2 years, prison term of 48 hours to 90 days, 30 days Community Service, 12–48 hours participation in an IDRC (Intoxicated Driver Resource Center), ignition interlock device during license suspension and 1-3 years following drivers license restoration.

3rd offense within 10 years of 2nd offense – drivers license loss of 10 years, prison term of 180 days, 90 days Community Service which can reduce prison term time, 12–48 hours participation in an IDRC (Intoxicated Driver Resource Center), ignition interlock device during license suspension and 1-3 years following drivers license restoration.

Contact the Law Office of Oller and Breslin LLC at 973.983.7020, located in Sparta, Sussex County NJ for all your legal representation needs. We serve Sussex, Morris and Warren County New Jersey.