The Law

The Law

Any person who operates, or permits another person to operate, a vehicle while under the influence of drugs, or with a blood alcohol concentration (BAC) of 0.10% or more, is subject to the following penalties:

First Offense

Mandatory, $250-$400 fine plus six months to one-year license suspension, plus optional imprisonment of up to 30 days

Second Offense

Mandatory, $500-$1,000 fine plus 30 days community service, plus two-year license suspension, plus optional imprisonment of up to 90 days

Third Offense

Mandatory, $1,000 fine plus 10-year license suspension, plus 180 days imprisonment

Even if a person is not considered intoxicated, under the law the mere "possession of an open container of an alcoholic beverage in a motor vehicle" provides for the following penalties:

First Offense

Mandatory, $200 fine

Second Offense

Mandatory, $250 fine plus up to 10 days community service

Other alcohol and drug-related offenses:

Possession of illegal drugs in a motor vehicle: Fine of not less than $50 plus two-year suspension of driver’s license
Serving alcoholic beverage to minors (2C:33-17): Anyone other than an adult relative who offers, or serves, or makes available, an alcoholic beverage to a person under the age of 21 is guilty of a Disorderly Persons Offense, and subject to a fine of up to $1,000 and up to six months imprisonment. This section does not apply to any religious observance, ceremony, or rite.

Parents’ responsibility for teenage drinking:

Do not allow teenage drinking or drug use in your home, or on your property
When you are away, take necessary steps to prevent your home from being used for illegal drinking or drug use.

Be a responsible host. When you invite others to your home, you have a responsibility for their safety. If you serve alcoholic beverages to your guests, what can you do to keep things from getting out of hand? Here are a few suggestions:

Don’t hesitate to suggest to a guest who will be driving that he/she should be careful about drinking alcoholic beverages
Limit the amount of alcohol served
Also offer non-alcoholic beverages
Have food or snacks available. Food slows the absorption of alcohol
Don’t encourage others to drink alcohol
If a guest has had too much to drink, by all means, do not allow him/her to drive. Make other arrangements for your guest to get home safely

REMEMBER...

The police in our communities are vigilant, and well trained in the enforcement of drugged/drinking and driving laws. In Rochelle Park there is a high conviction rate for arrested drunk drivers. The safest rule to follow is, IF YOU DRIVE, DON’T DRINK and IF YOU DRINK, DON’T DRIVE.