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At Vlasac and Shmaruk, L.L.C., our goal is to provide supportive and thorough legal counsel to clients. Here are some additional resources you might find helpful:

Drunk Driving Penalties

New Jersey

New Jersey Office of Attorney General, Department of Law & Public Safety

A person is guilty of drunk driving if he/she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater.

First Offense

If an offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are:

  • A fine of $250-$400
  • Imprisonment for up to 30 days
  • 3-month license suspension
  • $1,000 automobile insurance surcharge each year for 3 years

If an offender’s BAC is 0.10 percent or higher, or the person operates a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, or permits another person with a BAC of 0.10 percent to operate a motor vehicle, the penalties are:

  • A fine of $300-$500
  • Imprisonment for up to 30 days
  • 7- to 12-month license suspension
  • $1,000 automobile insurance surcharge each year for 3 years

Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in any vehicle they principally operate during the license suspension period and for a period of 6 months to 1 year after license restoration.

Second Offense

  • A fine of $500-$1,000
  • Imprisonment of at least 48 consecutive hours, and up to 90 days
  • 2-year license suspension
  • 48 consecutive hours detainment in a regional Intoxicated Driver Resource Center
  • $1,000 automobile insurance surcharge each year for 3 years
  • Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration

Third Offense

  • A fine of $1,000
  • Imprisonment of 180 days
  • 10-year license suspension
  • Detainment in an in-patient alcoholism treatment program
  • A fee to be paid to the Intoxicated Driver Resource Center dependent upon court sentence
  • An automobile insurance surcharge of $1500 a year for 3 years
  • Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration

Additional fees apply. Penalties are increased for offenses within a school zone. Vehicle registration also may be revoked.

Pennsylvania

Pennsylvania Department of Transportation

Three levels:

  • General Impairment (.08 to .099 percent BAC)
  • High BAC (.10 to .159 percent BAC)
  • Highest BAC (.16 percent and higher)

Under the new DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties.

General Impairment penalties (Undetermined BAC, .08 to .099 percent BAC)

No Prior Offense

  • Ungraded misdemeanor
  • Up to 6 months probation
  • $300 fine
  • Alcohol highway safety school
  • Treatment when ordered

One Prior Offense

  • Ungraded misdemeanor
  • 12 month license suspension
  • 5 days to 6 months jail time
  • $300 to $2,500 fine
  • Alcohol highway safety school
  • Treatment when ordered
  • 1 year ignition interlock

Two or More prior Offenses

  • 2nd degree misdemeanor
  • 12 month license suspension
  • 10 days to 2 years prison
  • $500 to $5,000 fine
  • Treatment when ordered
  • 1 year ignition interlock

High BAC penalties (.10 to .159 percent BAC)

No Prior Offense

  • Ungraded misdemeanor
  • 12 month license suspension
  • 48 hours to 6 months prison
  • $500 to $5,000 fine
  • Alcohol highway safety school
  • Treatment when ordered

One Prior Offense

  • Ungraded misdemeanor
  • 12 month suspension
  • 30 days to 6 months prison
  • $750 to $5,000 fine
  • Alcohol highway safety school
  • Treatment when ordered
  • 1 year ignition interlock

Two or More Prior Offenses

  • 1st degree misdemeanor
  • 18 month license suspension
  • 90 days to 5 years prison
  • $1,500 to $10,000 fine
  • Treatment when ordered
  • 1 year ignition interlock

Three of More Prior Offenses

  • 1st degree misdemeanor
  • 18 month license suspension
  • 1 to 5 years prison
  • $1,500 to $10,000 fine
  • Treatment when ordered
  • 1 year ignition interlock

For those at the highest BAC levels, the law has strict penalties, but also allows for treatment. This allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving. In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.

Highest BAC penalties (.16 percent and higher) or Controlled Substance

No Prior Offense

  • ungraded misdemeanor
  • 12 month license suspension
  • 72 hours to 6 months prison
  • $1,000 to $5,000 fine
  • alcohol highway safety school
  • treatment when ordered

One Prior Offense

  • 1st degree misdemeanor
  • 18 month license suspension
  • 90 days to 5 years prison
  • $1,500 to $10,00 fine
  • alcohol highway safety school
  • treatment when ordered
  • 1 year ignition interlock

Two or More Prior Offenses

  • 1st degree misdemeanor
  • 18 month license suspension
  • 1 to 5 years prison
  • $2,500 to $10,000
  • treatment when ordered
  • 1 year ignition interlock

Contact Vlasac & Shmaruk to Learn More about Drunk Driving Claims

To schedule a free consultation and case review with one of our Pennsylvania; New Jersey; and New York drunk driving lawyers, contact one of our law offices today. We can help maximize the compensation you receive and fight for a successful resolution for you.