The type of vehicle you’re driving doesn’t usually matter if you’re driving drunk. If you’re a licensed driver in New Jersey, if you drive an all-terrain vehicle (ATV) or another type of off-road vehicle on a road when you’re intoxicated, you may face drunk driving charges. In some circumstances, you might be charged with drunk driving on private property.
New Jersey’s determination of whether the driver is operating an ATV under the influence involves testing his or her blood alcohol concentration (BAC). If the person’s BAC is 0.08 percent or higher when operating a motor vehicle of any type or a boat, this is considered driving under the influence (DUI).
If you’re convicted of a DUI in New Jersey, you face heavy penalties, such as license suspension; fines/fees/surcharges; jail time; and the possible installation of an ignition interlock device. If your BAC tests 0.10 percent or more, you face loss of your driver’s license for up to one year, a maximum $500 fine, $230 fee to the Intoxicated Driver Resource Center (IDRC), $100 to the New Jersey drunk driving fund, $100 to the Alcohol Education and Rehabilitation Fund, $75 fee to the Neighborhood Services Fund, $1,000 per year (for three years) surcharge, and up to 30 days in jail.
In addition to the above fines and jail time, you’ll be required to spend up to 48 hours at IDRC and install an ignition interlock device for up to a year after your driver’s license is restored if your BAC is 0.15 percent or more.
If your BAC is at least 0.08 percent but less than 0.10 percent, you’ll lose your driving privileges for three months. In addition to the above fees, you face a maximum $400 fine, up to 48 hours at IDRC, and up to 30 days in jail.
Repeated DUI convictions involve paying greater fees and fines and more jail time. For a second offense (within 10 years of a first offense), you may spend up to 90 days in jail. For a third offense (within 10 years of a second offense), you could face up to six months in jail.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.