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DUI/DWI
News
Key State Laws Enacted to Prevent Impaired Driving
Illegal Per Se Laws make it illegal in and of itself to drive a motor vehicle with a BAC concentration at or above an established level. All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration at or above a proscribed level, .08 percent.
Dram Shop/Social Host Liability Laws state that a person who serves alcoholic beverages to intoxicated individuals may be liable for the damages caused by such individuals. In some states, a server may also be liable for injuries sustained by intoxicated individuals.
Minimum Legal Drinking Age (MLDA) Laws make it illegal for individuals younger than 21 to purchase, possess or consume alcoholic beverages or to misrepresent their age to obtain such beverages.
Zero Tolerance Laws make it illegal for drivers younger than 21 to drive with any measurable amount of alcohol in their system—regardless of the BAC limit for drivers over 21. Many states set the limit for drivers under 21 at .02 BAC or below to help reduce legal challenges based on claims that mouthwash, gum or cold medicine can be responsible for a positive but very low BAC measurement.
Open Container Laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.
Administrative License Revocation (ALR) Laws involve license suspension or revocation following conviction for impaired driving.
Repeat Intoxicated Driver Laws establish a minimum penalty for individuals convicted of a second or subsequent offense for driving while intoxicated or driving under the influence. Laws require a minimum of one-year driver’s license suspension.
Your operator’s license and/or operating privileges can be revoked under the Administrative License Revocation (ALR)
Depending on the state, this law authorizes law enforcement to immediately confiscate a driver’s license as a result of a Driving Under the Influence (DUI) arrest. Drivers, who are eligible, may receive a temporary license for 30 days. Drivers who refuse the test will be revoked for a one (1) year time period. Drivers who fail the test will be revoked for 90 days - for first offense, or for one (1) year for any subsequent offense within a 12 year time period.
Newsroom
News about DUI & Drunk Driving cases in New Jersey and nationwide:
Definition:
Most states now have some kind of child endangerment statute. Currently, 27 states have statutes that create special sanctions for cases of driving under the influence while the offender is transporting a child at the time of the offense.
Boaters Intoxication
Definition:
Drinking While Boating Open containers are legal, but operators of boats are subject to boating while intoxicated laws, similar to driving a vehicle. Operators or passengers may also be subject to public intoxication laws
Breathalyzer
Definition:
Breathalyzer is the trademark (of National Draeger, Inc. which acquired the Breathalyzer division from Smith and Wesson) for the most commonly used breath-testing device in New Jersey. The Breathalyzer converts breath alcohol into a blood alcohol reading.
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