New Jersey § 12:7-46

§ 12:7-46.

a. No person shall operate a vessel on the waters of this State while under the influence

of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug or with

a blood alcohol concentration of 0.08 percent or more by weight of alcohol. No person shall permit another who is under the influence of intoxicating liquor,

a narcotic, hallucinogenic or habit-producing drug, or who has a blood alcohol concentration

of 0.08 percent by weight of alcohol, to operate any vessel owned by the person or in his custody

or control. As used in this section, “ vessel ” means a power vessel as defined by section 2 of P.L.1995, c. 401 ( C.12:7-71 ) or a vessel which is 12 feet or greater in length. A person who violates this section shall be subject to the following: (1) For a first offense: (i) if the person's blood alcohol concentration is 0.08 percent or higher but less than 0.10 percent , or the person operates a vessel while under the influence of intoxicating liquor,

or the person permits another person who is under the influence of intoxicating liquor

to operate a vessel owned by him or in his custody or control or permits another person

with a blood alcohol concentration of 0.08 percent or higher but less than 0.10 percent to operate a vessel, to a fine of not less than $250 nor more than $400; and to

the revocation of the privilege to operate a vessel on the waters of this State for

a period of one year from the date of conviction and to the forfeiting of the privilege

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 percent or higher, or the person operates a vessel while under the influence of a narcotic,

hallucinogenic or habit-producing drug, or the person permits another person who is

under the influence of a narcotic, hallucinogenic or habit-producing drug to operate

a vessel owned by him or in his custody or control, or permits another person with

a blood alcohol concentration of 0.10 percent or more to operate a vessel, to a fine of not less than $300 nor more than $500;

and to the revocation of the privilege to operate a vessel on the waters of this State

for a period of one year from the date of conviction and to the forfeiting of the

privilege 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. (2) For a second offense, to a fine of not less than $500 nor more than $1,000; to

the performance of community service for a period of 30 days, in the form and on the

terms as the court deems appropriate under the circumstances; and to imprisonment

for a term of not less than 48 hours nor more than 90 days, which shall not be suspended

or served on probation; and to the revocation of the privilege to operate a vessel

on the waters of this State for a period of two years after the date of conviction

and to the forfeiting of the privilege to operate a motor vehicle over the highways

of this State for a period of two years. (3) For a third or subsequent offense, to a fine of $1,000; to imprisonment for a

term of not less than 180 days, except that the court may lower this term for each

day not exceeding 90 days during which the person performs community service, in the

form and on the terms as the court deems appropriate under the circumstances; and

to the revocation of the privilege to operate a vessel on the waters of this State

for a period of 10 years from the date of conviction and to the forfeiting of the

privilege to operate a motor vehicle over the highways of this State for a period

of 10 years. 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 of the New Jersey Motor Vehicle

Commission. In the event that a person convicted under this section is the holder of any out-of-State

motor vehicle driver's or vessel operator's license, the court shall not collect the

license but shall notify forthwith the Chief Administrator of the New Jersey Motor

Vehicle Commission, 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 and the nonresident's privilege to operate a vessel in this State. b. 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 the person in order to render the person liable to the punishment imposed by this section against a second or subsequent offender. If a second offense occurs more than 10 years after the first offense, the court

shall treat a 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 a third conviction as a second offense for sentencing purposes. c. If a court imposes a term of imprisonment under this section, the person may be

sentenced to the county jail, to the workhouse of the county where the offense was

committed, or to an inpatient rehabilitation program approved by the Chief Administrator

of the New Jersey Motor Vehicle Commission and the Assistant Commissioner of the Division of Mental Health and Addiction Services in

the Department of Human Services . d. In the case of any person who at the time of the imposition of sentence is less

than 17 years of age, the period of the suspension of driving privileges authorized

herein, including a suspension of the privilege of operating a motorized bicycle,

shall commence on the day the sentence is imposed and shall run for a period as fixed

by the court of not less than three months after the day the person reaches the age

of 17 years. If the driving or vessel operating privilege of any person is under revocation,

suspension, or postponement for a violation of any provision of this title or Title

39 of the Revised Statutes at the time of any conviction of any offense defined in

this section, the revocation, suspension, or postponement period imposed herein shall

commence as of the date of termination of the existing revocation, suspension or postponement. A second offense shall result in the suspension or postponement of the person's

privilege to operate a motor vehicle for six months. A third or subsequent offense shall result in the suspension or postponement of

the person's privilege to operate a motor vehicle for two years. The court before whom any person is convicted of or adjudicated delinquent for a

violation shall collect forthwith the New Jersey driver's license or licenses of the

person and forward such license or licenses to the Chief Administrator of the New

Jersey Motor Vehicle Commission along with a report indicating the first and last

day of the suspension or postponement period imposed by the court pursuant to this

section. If the court is for any reason unable to collect the license or licenses of the

person, the court shall cause a report of the conviction or adjudication of delinquency

to be filed with the chief administrator. That report shall include the complete name, address, date of birth, eye color,

and sex of the person and shall indicate the first and last day of the suspension

or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted

of personally operating a motor vehicle or a vessel during the period of license suspension

or postponement imposed pursuant to this section, the person shall, upon conviction,

be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c. 401 ( C.12:7-83 ), whichever is appropriate. A person shall be required to acknowledge receipt of the 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 or section 14 of P.L.1995, c. 401 ( C.12:7-83 ). If the person is the holder of a driver's or vessel operator's license from another

jurisdiction, the court shall not collect the license but shall notify forthwith the

chief administrator who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke

the person's non-resident driving or vessel operating privilege, whichever is appropriate,

in this State. e. In addition to any other requirements provided by law, a person convicted under

this section shall satisfy the screening, evaluation, referral program and fee requirements

of the Intoxicated Driving Program in the Division of Mental Health and Addiction Services in the Department

of Human Services . A fee of $80 shall be payable to the Alcohol Education, Rehabilitation and Enforcement

Fund established under section 3 of P.L.1983, c. 531 ( C.26:2B-32 ), by the convicted person in order to defray the costs of the screening, evaluation

and referral by the Intoxicated Driving Program . Failure to satisfy this requirement shall result in the immediate forfeiture of

the privilege to operate a vessel on the waters of this State or the continuation

of revocation until the requirements are satisfied. f. In addition to any other requirements provided by law, a person convicted under

this section shall be required after conviction to complete a boat safety course from

the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987,

c. 453 ( C.12:7-60 ), which shall be completed prior to the restoration of the privilege to operate a

vessel which may have been revoked or suspended for a violation of the provisions

of this section. Failure to satisfy this requirement shall result in the immediate revocation of

the privilege to operate a vessel on the waters of this State, or the continuation

of revocation until the requirements of this subsection are satisfied.