39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor
vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-
producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more
by weight of alcohol in the defendant’s blood or permits another person who is under the
influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a
motor vehicle owned by him or in his custody or control or permits another to operate a motor
vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the
defendant’s blood shall be subject: (1) For the first offense: (i) if the person’s blood alcohol
concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle
while under the influence of intoxicating liquor, or the or more of the following chemical
compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl
alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or
ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl
ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite
or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance
capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the
dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such
chemical substance. Whenever an operator of a motor vehicle has been involved in an accident
resulting in death, bodily injury or property damage, a police officer shall consider that fact
along with all other facts and circumstances in determining whether there are reasonable grounds
to believe that person was operating a motor vehicle in violation of this section. A conviction of
a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether
that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L. 1966,
c.73 (C. 39: 5D-1 et seq.), shall constitute a prior conviction under this subsection unless the
defendant can demonstrate by clear and convincing evidence that the conviction in the other
jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration
of less than 0.08%. If the driving privilege of any person is under revocation or suspension for a
violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any
conviction for a violation of this section, the revocation or suspension period imposed shall
commence as of the date of termination of the existing revocation or suspension period. In the
case of any person who at the time of the imposition of sentence is less than 17 years of age, the
forfeiture, suspension or revocation of the driving privilege imposed by the court under this
section shall commence immediately, run through the offender’s seventeenth birthday and
continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of
this subsection. A court that imposes a term of imprisonment for a first or second offense under
this section may sentence the person so convicted to the county jail, to the workhouse of the
county wherein the offense was committed, to an inpatient rehabilitation program or to an
Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated
Driving Program Unit in the Department of Health and Senior Services. For a third or subsequent
offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center
as provided in subsection (f). A person who has been convicted of a previous violation of this
section need not be charged as a second or subsequent offender in the complaint made against
him in order to render him liable to the punishment imposed by this section on a second or
subsequent offender, but if the second offense occurs more than 10 years after the first offense,
the court shall treat the second conviction as a first offense for sentencing purposes and if a third
offense occurs more than 10 years after the second offense, the court shall treat the third
conviction as a second offense for sentencing purposes. (b) A person convicted under this section
must satisfy the screening, evaluation, referral, program and fee requirements of the Division of
Alcoholism and Drug Abuse’s Intoxicated Driving Program Unit, and of the Intoxicated Driver
Resource Centers and a program of alcohol and drug education and highway safety, as
prescribed by the chief administrator. The sentencing court shall inform the person convicted that
failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in
a county jail and a driver license revocation or suspension and continuation of revocation or
suspension until such requirements are satisfied, unless stayed by court order in accordance with
the Rules Governing the Courts of the State of New Jersey, or R.S. 39:5-22. Upon sentencing,
the court shall forward to the Division of Alcoholism and Drug Abuse’s Intoxicated Driving
Program Unit a copy of a person’s conviction record. A fee of $100.00 shall be payable to the
Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of
P.L. 1983, c.531 (C. 26: 2B-32) to support the Intoxicated Driving Program Unit. (c) Upon
conviction of a violation of this section, the court shall collect forthwith the New Jersey driver’s
license or licenses of the person so convicted and forward such license or licenses to the chief
administrator. The court shall inform the person convicted that if he is convicted of personally
operating a motor vehicle during the period of license suspension imposed pursuant to subsection
(a) of this section, he shall, upon conviction, be subject to the penalties established in R.S. 39:3-
40. The person convicted shall be informed orally and in writing. A person shall be required to
acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure
to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of R.S. 39:3-40. In the event that a person convicted under this section is
the holder of any out-of-State driver’s license, the court shall not collect the license but shall
notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the
licensing jurisdiction. The court shall, however, revoke the nonresident’s driving privilege to
operate a motor vehicle in this State, in accordance with this section. Upon conviction of a
violation of this section, the court shall notify the person convicted, orally and in writing, of the
penalties for a second, third or subsequent violation of this section. A person shall be required to
acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure
to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of this section. (d) The chief administrator shall promulgate rules and
regulations pursuant to the Administrative Procedure Act, P.L. 1968, c.410 (C. 52: 14B-1 et seq.)
in order to establish a program of alcohol education and highway safety, as prescribed by this
act. (e) Any person accused of a violation of this section who is liable to punishment imposed by
this section as a second or subsequent offender shall be entitled to the same rights of discovery as
allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey. (f)
The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the
commission, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall
designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These
centers shall have the capability of serving as community treatment referral centers and as court
monitors of a person’s compliance with the ordered treatment, service alternative or community
service. All centers established pursuant to this subsection shall be administered by a counselor
certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other
professional with a minimum of five years’ experience in the treatment of alcoholism. All centers
shall be required to develop individualized treatment plans for all persons attending the centers;
provided that the duration of any ordered treatment or referral shall not exceed one year. It shall
be the center’s responsibility to establish networks with the community alcohol and drug
education, treatment and rehabilitation resources and to receive monthly reports from the referral
agencies regarding a person’s participation and compliance with the program. Nothing in this
subsection shall bar these centers from developing their own education and treatment programs;
provided that they are approved by the Division of Alcoholism and Drug Abuse. Upon a person’s
failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver
Resource Center shall promptly notify the sentencing court of the person’s failure to comply.
Required detention periods at the Intoxicated Driver Resource Centers shall be determined
according to the individual treatment classification assigned by the Intoxicated Driving Program
Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to
pay a per diem fee of $75.00 for the first offender program or a per diem fee of $100.00 for the
second offender program, as appropriate. Any increases in the per diem fees after the first full
year shall be determined pursuant to rules and regulations adopted by the person permits another
person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him
or in his custody or control or permits another person with a blood alcohol concentration of
0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250
nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours
spent during two consecutive days of not less than six hours each day and served as prescribed
by the program requirements of the Intoxicated Driver Resource Centers established under
subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not
more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the
highways of this State for a period of three months; (ii) if the person’s blood alcohol
concentration is 0.10% or higher, or the person operates a motor vehicle while under the
influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another
person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate
a motor vehicle owned by him or in his custody or control, or permits another person with a
blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less
than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than
48 hours spent during two consecutive days of not less than six hours each day and served as
prescribed by the program requirements of the Intoxicated Driver Resource Centers established
under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of
not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the
highways of this State for a period of not less than seven months nor more than one year; (iii)
For a first offense, a person also shall be subject to the provisions of P.L. 1999, c.417 (C.39:4-
50.16 et al.).
(2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more
than $1,000.00, and shall be ordered by the court to perform community service for a period of
30 days, which shall be of such form and on such terms as the court shall deem appropriate under
the circumstances, and shall be sentenced to imprisonment for a term of not less than 48
consecutive hours, which shall not be suspended or served on probation, nor more than 90 days,
and shall forfeit his right to operate a motor vehicle over the highways of this State for a period
of two years upon conviction, and, after the expiration of said period, he may make application
to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate
a motor vehicle, which application may be granted at the discretion of the chief administrator,
consistent with subsection (b) of this section. For a second violation, a person also shall be
required to install an ignition interlock device under the provisions of P.L. 1999, c.417 (C.39:4-
50.16 et al.) or shall have his registration certificate and registration plates revoked for two years
under the provisions of section 2 of P.L. 1995, c.286 (C.39:3-40.1).
(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall
be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse,
except that the court may lower such term for each day, not exceeding 90 days, served
participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated
Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the
highways of this State for 10 years. For a third or subsequent violation, a person also shall be
required to install an ignition interlock device under the provisions of P.L. 1999, c.417 (C.39:4-
50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years
under the provisions of section 2 of P.L. 1995, c.286 (C.39:3-40.1). As used in this section, the
phrase narcotic, hallucinogenic or habit-producing drug includes an inhalant or other substance
containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing
a condition of intoxication, such as any glue, cement or any other substance containing one
Commissioner of Health and Senior Services in consultation with the Governor’s Council on
Alcoholism and Drug Abuse pursuant to the Administrative Procedure Act, P.L. 1968, c.410 (C.
52: 14B-1 et seq.). The centers shall conduct a program of alcohol and drug education and
highway safety, as prescribed by the chief administrator. The Commissioner of Health and
Senior Services shall adopt rules and regulations pursuant to the Administrative Procedure Act,
P.L. 1968, c.410 (C. 52: 14B-1 et seq.), in order to effectuate the purposes of this subsection. (g)
When a violation of this section occurs while: (1) on any school property used for school
purposes which is owned by or leased to any elementary or secondary school or school board, or
within 1,000 feet of such school property; (2) driving through a school crossing as defined in
R.S. 39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as
such; or (3) driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles
are present if the municipality has not designated the school crossing as such by ordinance or
resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than
$800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle
suspended for a period of not less than one year or more than two years; for a second offense, be
fined not less than $1,000 or more than $2,000, perform community service for a period of 60
days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or
served on probation, nor more than 180 days, except that the court may lower such term for each
day, not exceeding 90 days, served performing community service in such form and on such
terms as the court shall deem appropriate under the circumstances and have his license to operate
a motor vehicle suspended for a period of not less than four years; and, for a third offense, be
fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may
lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol
inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have
his license to operate a motor vehicle suspended for a period of 20 years; the period of license
suspension shall commence upon the completion of any prison sentence imposed upon that
person. A map or true copy of a map depicting the location and boundaries of the area on or
within 1,000 feet of any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987,
c.101 (C. 2C:35-7) may be used in a prosecution under paragraph (1) of this subsection. It shall
not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection
that the defendant was unaware that the prohibited conduct took place while on or within 1,000
feet of any school property or while driving through a school crossing. Nor shall it be relevant to
the imposition of sentence that no juveniles were present on the school property or crossing zone
at the time of the offense or that the school was not in session. (h) A court also may order a
person convicted pursuant to subsection a. of this section, to participate in a supervised visitation
program as either a condition of probation or a form of community service, giving preference to
those who were under the age of 21 at the time of the offense. Prior to ordering a person to
participate in such a program, the court may consult with any person who may provide useful
information on the defendant’s physical, emotional and mental suitability for the visit to ensure
that it will not cause any injury to the defendant. The court also may order that the defendant
participate in a counseling session under the supervision of the Intoxicated Driving Program Unit
prior to participating in the supervised visitation program. The supervised visitation program
shall be at one or more of the following facilities which have agreed to participate in the program
under the supervision of the facility’s personnel and the probation department: (1) a trauma
center, critical care center or acute care hospital having basic emergency services, which receives
victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk
drivers and victims who are, themselves, drunk drivers; (2) a facility which cares for advanced
alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug
abuse; or (3) if approved by a county medical examiner, the office of the county medical
examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk
drivers. As used in this section, appropriate victim means a victim whose condition is determined
by the facility’s supervisory personnel and the probation officer to be appropriate for
demonstrating the results of accidents involving drunk drivers without being unnecessarily
gruesome or traumatic to the defendant. If at any time before or during a visitation the facility’s
supervisory personnel and the probation officer determine that the visitation may be or is
traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without
prejudice to the defendant. The program may include a personal conference after the visitation,
which may include the sentencing judge or the judge who coordinates the program for the court,
the defendant, defendant’s counsel, and, if available, the defendant’s parents to discuss the
visitation and its effect on the defendant’s future conduct. If a personal conference is not
practicable because of the defendant’s absence from the jurisdiction, conflicting time schedules,
or any other reason, the court shall require the defendant to submit a written report concerning
the visitation experience and its impact on the defendant. The county, a court, any facility visited
pursuant to the program, any agents, employees, or independent contractors of the court, county,
or facility visited pursuant to the program, and any person supervising a defendant during the
visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil
damages associated with the visitation which are caused by the defendant, except for willful or
grossly negligent acts intended to, or reasonably expected to result in, that injury or damage. The
Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection.
(i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall
assess a person convicted of a violation of the provisions of this section a surcharge of $100, of
which amount $50 shall be payable to the municipality in which the conviction was obtained and
$50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General
Fund.