Breath Test Refusal, Third Offense
Court Imposed Penalties
Fine
Court costs
Drunk Driving Enforcement Fund
Intoxicated Driver Resource Center
Revocation of driving privileges
Forfeiture of commercial driving privilege
Bureau of Alcohol Countermeasures
Alcohol Education, Rehabilitation, and Enforcement
Fund
Intoxicated Driver Resource Center
Costs of further education and/or treatment
Division of Motor Vehicles
Driver License Restoration Fee
Merit Rating Plan Surcharge<3>
Merit Rating Plan point assessment
Other Consequences
Cancellation of automobile insurance "of
the named insured or of any other operator who either resides
in the same household or customarily operates an automobile
insured under the policy"
Insurance premium increases
Sentence enhancement on subsequent convictions of N.J.S.
39:4-50.2 and N.J.S. 39:3-40
No cause of action permitted for recovery of economic or
noneconomic loss sustained as a result of the accident
NOTES:
Most municipal courts treat a prior conviction
of N.J.S. 39:4-50 as equivalent to a prior conviction of
N.J.S. 39:4-50.2 for sentencing. See State v. Fielding,
290 N.J.Super. 191 (App.Div. 1996); State v. Tekel, 281
N.J.Super. 502 (App.Div. 1995). Cf. In re Bergwell, 85 N.J.
382 (1981). But see State v. DiSomma, 262 N.J.Super. 375
(App.Div.
1993).
Restoration of driving privileges is NOT
automatic and is subject to Division of Motor Vehicles approval.
Merit Rating Plan Surcharge applies whether
conviction is under N.J.S. 39:4-50, N.J.S. 39:4-50.4a, or
both. Merit Rating Plan Surcharge is $4500 if three events
including convictions under either N.J.S. 39:4-50 or N.J.S.
39:4-50.4a occur within three years of each other.
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