I. NEW JERSEY DWI STATUTE PENALIZES DRUNKEN DRIVING IN TIERS PERTAINING TO THE OFFENDER’S BLOOD ALCOHOL LEVEL AT THE TIME OF THE OFFENSE.

The New Jersey DWI Statute establishes tiers for which escalating blood alcohol content (hereafter, “BAC”) levels are punishable by escalating levels of severity. N.J. Stat. Ann. § 39:4-50 (West 2010). Three tiers are applicable to all drivers with an additional two tiers applicable exclusively to commercial drivers and drivers under the age of twenty-one, respectively. Id.; N.J. Stat. Ann. § 39:4- 50.14 (West 2010); N.J. Stat. Ann. § 39:4-50(a) (West 2010); N.J. Stat. Ann. § 39:3-10.20 (West 2010). All violators of DWI offenses are subject to $550 in fees broken down as follows: (1) a $100 drunk driving enforcement fund surcharge, (2) a $100 Motor Vehicle restoration fee, (3) a $100 Intoxicated Driving Program fee, (4) a $50 Violent Crimes Compensation Fund Fee, (5) a $75 Safe and Secure Community Program Fee, (6) a $100 state and municipality surcharge. N.J. Stat. Ann. § 39:4-50 (West 2010); N.J. Stat. Ann. § 26:2B-32 (West 2010); N.J. Stat. Ann. § 2C:43-3.1(a)(1) (West 2010); N.J. Stat. Ann. § 2C:43-3.2(a)(1) (West 2010); N.J. Stat. Ann. § 39:4-50(i) (West 2010).

First-time offenders with an alcohol BAC level between 0.08-0.10% are required to complete a 12 hr rehab program at the Intoxicated Drivers Resource Center and are subject to a 30-day prison term to be held at the court’s discretion. N.J. Stat. Ann. § 39:4-50(a)(1)(i) (West 2010). Violators are subject to additional fines ranging $250-$400 and a three-month suspension of driving privileges. Id.

First-time offenders with an alcohol BAC level of 0.10% or greater are subject to additional fines ranging $300-$500 and a license suspension of no less than seven months and greater than twelve months. N.J. Stat. Ann. § 39:4-50(a)(1)(ii) (West 2010) First-time offenders with an alcohol BAC level of 0.15 or greater are subject to penalties in the 0.10% tier. Id. Additionally however, these offenders are subject to the enhanced penalty of having to install an ignition interlock device during the period of license suspension and for no less than six months and greater than one year following restoration of driving privileges. N.J. Stat. Ann. § 39:4- 50.17(a)(2) (West 2010).

Second time offenders are subject to a $500-$1,000 fine and are required to perform community service for 30- days. N.J. Stat. Ann. § 39:4-50(a)(2) (West 2010). Furthermore, such violators will be sentenced to imprisonment for no less than forty-eight hours and greater than three months. Id. Violators will also be suspended of driving privileges for two years and be required to install an ignition interlock device during the period of license suspension and for no less than one year but greater than three years following restoration of driving privileges. Id.; N.J. Stat. Ann. § 39:4-50.17(b) (West 2010).

Third time offenders are subject to a $1,000 fine and will be imprisoned for six months. N.J. Stat. Ann. § 39:4- 50(a)(3) (West 2010). At the court’s discretion, up to three months of the imprisonment sentence may be served in an alcohol rehab program. Id. Furthermore, third-time offenders will be subject to a ten years suspension of driving privileges and be required to install an ignition interlock device during the period of license suspension and for no less than one year but greater than three years following restoration of driving privileges. Id.; N.J. Stat. Ann. § 39:4-50.17(b) (West 2010).

II. A THIRD TIER PER SE VIOLATION APPLIES TO COMMERCIAL DRIVER’S WITH MINIMUM BAC LEVELS OF 0.04%.

An additional DWI tier of 0.04% is applicable to drivers who hold commercial driver license (hereafter, “CDL”). N.J. Stat. Ann. § 39:3-10.20 (West 2010). The State must meet the burden of proving that the commercial driver was operating a commercial vehicle while possessing a BAC level ranging from 0.04%-0.08%. Within this BAC range, violators are subject to a suspension of commercial driving privileges no less than one year and greater than three years. Id. In this range, basic driver privileges are not revoked. N.J. Admin. Code § 13:21-23.28(e) (West 2010).

When the State proves by Breathalyzer that a defendant, holding a commercial driver license, operated a vehicle with a BAC level of 0.08 or greater, DWI penalties are imposed irrespective of whether the vehicle was commercial. N.J. Admin. Code § 13:21-23.28(d) (West 2010). In such a case, the defendant’s commercial driving privileges are suspended for as long as basic driving privileges are revoked under DWI Statute. Id. This is due to the fact that a valid commercial driving license requires a valid basic driver license. N.J. Stat. Ann. § 39:3-10.20 (West 2010).

III. AN FOURTH TIER PER SE VIOLATION APPLIES TO UNDER- AGED VIOLATORS WITH MINIMAL BAC LEVEL OF 0.01%.

The lowest DWI tier was established through the Baby DWI Statute for drivers under the legal alcohol consumption age of twenty-one (hereafter, “under-aged”). Under-aged drivers operating a vehicle with BAC levels between 0.01%- 0.08% are subject to revocation of driving privileges for at least one month but no greater than three months. N.J. Stat. Ann. § 39:4-50.14 (West 2010). Under-aged violators must also perform community service for a period of no less than 15 days and no greater than 30 days. Id. When under-aged violators are found to have operated a vehicle with BAC levels of 0.08% or greater, offenders are subject to consecutive penalties under both the Baby DWI Statute and the DWI Statute (corresponding to the applicable DWI tier). Id. Penalties in accordance to these violations are sentenced consecutive to one another. Id. Therefore a violator with a BAC level in the 0.08-0.10% tier is subject to a suspension of driving privileges of at least two months but no greater than four months. Id.; N.J. Stat. Ann. § 39:4-50(a)(1)(i) (West 2010).

Similarly, a violator with a BAC level in the 0.10% and greater tier is punishable by a suspension of driving privileges of no less than eight months and no greater than fifteen months. Id.; N.J. Stat. Ann. § 39:4-50(a)(1)(ii) (West 2010). Additionally, under-aged violators with a BAC level equal to or greater than 0.15%, and repeat violators are required to install an ignition interlock device for no less than six months but greater than one year. N.J. Stat. Ann. § 39:4-50.17(a)(2) (West 2010). Second and third time offenders will be required to install an ignition interlock device for no less than one year but greater than three years. N.J. Stat. Ann. § 39:4-50.17(b) (West 2010).

IV. VIOLATORS WHO COMMIT DWI OFFENSES IN SCHOOL ZONES ARE SUBJECT TO ENHANCED PENALTIES UNDER THE DWI STATUTE.

Enhanced penalties are imposed upon drivers who violate DWI statutes within the boundaries of designated school zones. School zones include property owned or leased by school boards and any area 1,000 feet thereof. N.J. Stat. Ann. § 39:4-50(g)(1) (West 2010). School zones also include designated school crossings or areas populated by juveniles. N.J. Stat. Ann. § 39:4-50(g)(2) (West 2010).

First-time offenders are subject to fines of no less than $500 and greater than $800 with imprisonment terms of up to sixty days. N.J. Stat. Ann. § 39:4-50(g)(3) (West 2010). Additionally, driving privileges will be revoked for no less than one year and greater than two years. Id. Second-time offenders are subject to fines of a minimum $1,000 but no greater than $2,000, two months of community service and imprisonment terms of no less than four days and greater than six months – three months of which may be served by community service at the court’s discretion. Id. Additionally, driving privileges will be revoked for a period of four years. Id.

Third-time offenders are subject to fines of $2,000, two months of community service and a six-month imprisonment term – three of which may be served by an alcohol rehabilitation program at the court’s discretion. Id. Additionally, driving privileges will be revoked for a period of twenty years to commence upon the completion of any prison sentence imposed on the offender. Id.

The State bears no burden in proving that juveniles were actually present at the time of the violation or that the driver was aware that his violation occurred within a school zone. Therefore, the school zone DWI prohibitions are per se enhanced violations. Id.