DRIVING WHILE INTOXICATED: SECOND OFFENSE PENALTIES

Court Imposed Penalties

39:4-50(a) Fine $ 500-1,000
39:4-50.8 Drunk Driving Enforcement Fund surcharge $ 100
22A:3-4 Court costs $ 3- 30
2C:43-3.1 Victims of Crime Compensation Board penalty $ 50
2C:43-3.2 Safe Neighborhood Services Fund surcharge $ 75
39:5-39 Physician's fee $ 0- 20
39:4-50(a) Imprisonment<1> 2-90 days
39:4-50(a) Community service<2> 30 days
39:4-50(a) Forfeiture of driving privileges<3> 2 years
39:3-10.20 Forfeiture of commercial driving privilege for life

Bureau of Alcohol Countermeasures

39:4-50(b) Alcohol Education, Rehabilitation, and Enforcement Fund $100
39:4-50(f) Intoxicated Driver Resource Center $150- 200
Costs of further education and/or treatment $?

Division of Motor Vehicles

39:3-10a Driver License Restoration Fee $50
17:29A-35.b(2) Merit Rating Plan Surcharge<4> $3,000-4,500
17:29A-35.b(3) Merit Rating Plan point assessment $ 525- 675

Other Consequences

17:29C-7 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, N.J.S. 39:4-50.2, and N.J.S. 39:3-40
39:6A-4.5(b) No cause of action permitted for recovery of economic or noneconomic loss sustained as a result of the accident.

NOTES:

Imprisonment may be commuted to 48 hours IDRC attendance and inpatient rehabilitation treatment.

One day of community service equals six (6) hours to be served at the rate of at least one day per week.

Restoration of driving privileges is subject to Division of Motor Vehicles approval on application made two years or more after conviction.

Merit Rating Plan Surcharge is $4,500 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.