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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Friday, February 17, 2017

NJAC 10:162-3.4. Forty-eight hour detainment of second offenders who have been in jail or treatmen

NJAC 10:162-3.4.  Forty-eight hour detainment of second offenders who have been in jail or treatment

   (a) A person convicted for a second offense pursuant to N.J.S.A. 39:4-50 et seq. or N.J.S.A. 12:7-46 or 12:7-34.19 et seq. shall be imprisoned at a jail or workhouse or an Intoxicated Driver Resource Center or inpatient program for at least 48 consecutive hours and satisfy the other program requirements.
(b) A second offender sentenced by a court to imprisonment or inpatient treatment for at least 48 hours, or who is given detention credit for 48 hours of inpatient treatment by a court, shall be scheduled by the Intoxicated Driving Program for a first offender program in his or her county of residence. All other second offenders shall be scheduled for evaluation, education and referral at the 48-hour program as specified in (a) above.
(c) A second offender who voluntarily attends any licensed inpatient treatment facility, whether or not affiliated with an Intoxicated Driver Resource Center, before or after sentencing, but before scheduling at an Intoxicated Driver Resource Center, shall not be given credit for detention unless approval is given by the court.
(d) A person sentenced to a 48-hour Intoxicated Driver Resource Center shall be scheduled there, or if such a facility is not available, referred to an appropriate facility for 48 hours.