In New Jersey, there is a wide range of alcohol-related offenses that an individual could be charged with. Alcohol-related offenses are crimes that involve the consumption or possession of alcohol such as driving while under the influence (DUI), underage DUI, breath test refusal, open container, and public intoxication. In the unfortunate event that you have been charged with any type of alcohol-related offense, contact a determined Bergen County DUI Attorney who can help defend your interests.
What are some examples of alcohol-related offenses in NJ?
The following are different types of alcohol-related offenses an individual may be charged with in New Jersey:
Driving while under the influence (DUI)
The most commonly known alcohol-related offense is driving while under the influence (DUI) of illegal substances. In New Jersey, it is illegal for an individual to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater. The penalties for DUIs vary based on a person’s BAC and previous convictions.
Individuals under the age of 21 years old are prohibited from consuming alcohol or having alcohol in their possession. Underage DUI occurs when someone under the legal drinking age operates a vehicle with a BAC of between 0.01% and less than 0.08%. This is because New Jersey has a zero-tolerance law when it comes to underage individuals.
Breath test refusal
When a person is suspected of driving while intoxicated, law enforcement agents have a right to request the accused to submit a chemical test to determine the person’s blood alcohol concentration (BAC). In New Jersey, it is illegal to refuse a breath test due to implied consent laws. Individuals give their implied consent to submit to chemical testing when they get behind the wheel. Individuals may believe they can avoid a DUI charge if they do not submit a breath test, however, that is not accurate. Refusing a breath test will only add additional charges and penalties.
This type of alcohol-related offense is typically associated with DUIs. In New Jersey, it is illegal for a person to have an open container of alcohol while in a vehicle. Essentially, a container in this sense is considered to be “open” if it is unsealed and an individual has access to it. In New Jersey, a person can legally store an open container in their trunk or backseat. However, it becomes illegal when it is stored in the front seat. Additionally, motorists and passengers can both face serious penalties for violating open container laws. Typically, the consequence of a first-offense open container is a $200 fine.
In most states, if a person acts disorderly while intoxicated in a public place it is considered a crime. This is because their behavior is considered to be disturbing or threatening to the public. However, in New Jersey, public intoxication is not a crime. Although, public intoxication can lead to another alcohol-related offense as alcohol severely hinders a person’s ability to make sound judgments.
If you or someone you love has been charged with an alcohol-related offense, please don’t hesitate to contact one of our skilled and trusted attorneys. Our firm is committed to helping our clients defend their rights. Allow our firm to represent your interests in court.