1. Drinking, Drugs, & Driving
Chapters 6 & 7

2. DRIVER PRIVILEGES AND PENALTIES
N.J. law requires a driver’s privilege to be suspended for some violations. These are mandatory sentences.
Habitual Offender is someone whose privilege is suspended 3 times in 3 years.
Failure to pay judgments involving personal injury/death, property damage over $500 will result in suspension.
A driver’s violation/suspension history may result in suspension or revocation on a case-by-case basis.
M.V.C. may require re-examination for drivers considered a “problem”.

3. How To Lose Driving Privileges
Failure to appear in court/pay fines
Failure to pay surcharges
Driving while suspended
Failure to provide proof of insurance
Physical or mental disqualification
Drug or alcohol use
Repeated traffic law violations
Reckless driving (without regard for life or property)
Vehicle abandonment of a public highway
At fault in a fatal accident

4. The Effects of Alcohol
Alcohol is not digested, it passes through a person’s stomach and small intestine directly into the bloodstream and then is carried to all parts pf the body.
Driving under the influence of intoxicating beverages means a driver’s senses and judgment are impaired by alcohol.
The only thing that can make a person sober is time

5. Blood Alcohol Concentration (BAC)
BAC is determined by four factors
Quantity of alcohol consumed
Body weight
How quickly drinks were consumed
Food eaten

6. Blood Alcohol Concentration (BAC)
In New Jersey it is illegal for a driver 21 years of age or older with a BAC of .08 percent or higher to drive
For drivers younger than 21, it is illegal to drive with a BAC of .01 percent or higher
Too much drinking will always produce a high BAC

7. A DRINK
It is not as important what you drink as how many drinks you have
However, alcoholic beverages contain different concentrations of alcohol
Studies show most drunk drivers had been drinking BEER
Food slows absorption of alcohol
ONLY TIME will help you recover from a high BAC

8. Drinking & Driving
The Law Enforcement is trained to notice certain drinking and driving signs
Speeding
Weaving
Slow Driving
Jerking Motion
Quick Stops

9. Underage Drinking
Drivers under the age of 21 who buy and/ or drink alcoholic beverages, found with a blood alcohol content above .01% while driving a motor vehicle will be penalized

10. Mandatory Sanctions
Motorist 21 years of age or older with a blood alcohol concentration between .08 and .10 percent…
3 month driving privilege suspension
$250 to $400 fine
12 to 48 hours in an intoxicated Driver Resource Center
Up to 30 days imprisonment
$75 per day IDRC fee
$100 Drunk Driving Fund Fee
$100 Alcohol Education, Rehabilitation & Enforcement fee
$1,000 annual surcharge for three years on their insurance
$75 Safe Neighborhood Services Fund Fee

11. Mandatory Sanctions
Motorists under 21 years of age with a blood alcohol concentration above .01 percent…
1st Offense-
7 months to 1 year driving privilege suspension
$300 to $500 fine
12 to 48 hours in an IDRC
Up to 30 days imprisonment
$100 Drunk Driving Fund Fee
$100 Alcohol Education, Rehabilitation and Enforcement Fund Fee
$1,000 annual surcharge for three years
$75 Safe Neighborhood Services Fund fee

12. Implied Consent Law
New Jersey has an Implied Consent law. This means that drivers on New Jersey roadways have agreed, simply by using New Jersey roadways, to submit to a breath test given by Law enforcement or hospital staff following an arrest for a drinking and driving offense.

13. Breath Tests
Implied Consent law means that drivers on NJ roadways have agreed to submit to a breath test given by law enforcement or hospital staff following an arrest for a drinking and driving offense
Drivers refusing to take a breath test will be detained and brought to a hospital where the staff may draw blood
Drivers who refuse to take a breath test are subject to an MVC insurance surcharge of $1,000 a year for three years
Failure to pay this surcharge will result in an indefinite driver license suspension until the fee is paid

14. State Law
On April state law made the refusal to submit to a breath test equivalent to drive with BAC of .08% for a first offense.

15. Penalty
Refusing to take the breath test, is equivalent to having the BAC of .08% which is considered “Under the Influence of Alcohol”. The current penalty for both is the lose of driving privileges for between 7 months and one year, to run concurrently or consecutively based upon a judges order.

16. Motorists Who Refuse
Motorists refusing to take a breath test in New Jersey are subject to an MVC insurance surcharge of $1000 for three years.
Failure to pay this surcharge will result in an indefinite driver license suspension until the fee is paid.

17. Intoxicated Driver Resource Center
State law requires that any motorist charged with an alcohol-related traffic offense must be detained at an IDRC
IDRC Fees
$100- Attendance Fee- paid to MVC
$150- 1st Time Offender Fee- paid to IDRC
$200- 2nd Time Offender Fee- paid to IDRC
$100- License Restoration Fee- paid to MVC

18. Drugs & Driving
In the state of New Jersey it is illegal for anyone to drive a motor vehicle, while under the influence of any illegal drugs
Alcohol, drugs, and medications should never be mixed
Drivers taking prescription drugs must show proof of the prescription to law enforcement
If a driver doesn’t have a prescription for a drug, the drug is considered illegal

19. Aggression and Driving
Road rage occurs when motorists lose their tempers or become frustrated because of a traffic disturbance.
Aggressive drivers may…
Run stop signs and red lights
Speed
Tailgate
Weave through traffic
Pass illegally on the right
Make improper and unsafe lane changes
Make hand and facial gestures, scream, honk horns or flash high beams

20. THE POINT SYSTEM POINTS are assigned for moving violations
MVC tacks you driving record through these points
The more serious the violation the more points it carries
Up to 3 points will be subtracted from your driving record for every year you do not get a ticket
Point totals never go below zero
N.J. belongs to 2 interstate compacts. This means these states share information about violations committed in their states by out-of-state drivers.
N.J. will be notified of violations you commit in other states.

21. Examples of Moving Violations & Point Totals

22. Driver Improvement Programs
Motorists accumulating between 12 & 14 points in more than 24 months will receive a Notice of Scheduled Suspension by mail
After receiving notice you may:
Attend a N.J. driver improvement program
Request a hearing
Surrender your license for the suspension period
3 points are removed upon successful completion of the driver improvement course ($100)
Defensive Driving courses are also available (voluntary) & reduce points & insurance costs as well as teaching defensive driving skills.

23. Restoration Surcharges & Point Violations
After completion of Driver improvement program the motorist is on probation for 1 yr.
If violations are committed within that period, another suspension will occur
Surcharges & Point Violations
Accumulating 6 or more points within 3 years will result in surcharges of $150 for 6 points $25 for each additional point. Surcharges are paid for three years & are not reduced by taking either of the above courses