NJSA 39:4-51
39:4-51   Sentence for violation of 39:4-50; service, work release; rules, regulations.

 A person who has been convicted of a first or second violation of section 39:4-50 of this Title, and in pursuance thereof has been imprisoned in a county jail or workhouse in the county in which the offense was committed, shall not, after commitment, be released therefrom until the term of imprisonment imposed has been served. A person imprisoned in the county jail or workhouse may in the discretion of the court, be released on a work release program.

 No warden or other officer having custody of the county jail or workhouse shall release therefrom a person so committed, unless the person has been released by the court on a work release program, until the sentence has been served.  A person sentenced to an inpatient rehabilitation program may upon petition by the treating agency be released, by the court, to an outpatient rehabilitation program for the duration of the original sentence.

 Nothing in this section shall be construed to interfere in any way with the operation of a writ of habeas corpus, a proceeding in lieu of the prerogative writs, or an appeal.

 The chief administrator shall adopt such rules and regulations to effectuate the provisions of this section as he shall deem necessary.

 Amended 1951, c.23, s.31; 1977, c.29, s.5; 2003, c.315, s.3.

NJSA 39:4-51a
39:4-51a   No consumption of alcoholic beverages in motor vehicles; presumption; penalties.

 a. A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.  This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.

 b. A person shall be presumed to have consumed an alcoholic beverage in violation of this section if an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage.  For the purposes of this section, the term "unsealed" shall mean a container with its original seal broken or a container such as a glass or cup.

 c. For the first offense, a person convicted of violating this section shall be fined $200.00 and shall be informed by the court of the penalties for a second or subsequent violation of this section.  For a second or subsequent offense, a person convicted of violating this section shall be fined $250.00 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.

 L.1983,c.307,s.1; amended 1999, c.356, s.20.
 
NJSA 39:4-51b
39:4-51b.  Prohibition of possession of open, unsealed alcoholic beverage container, circumstances
 a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.  This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service. 

 b. A person shall not be deemed to be in possession of an opened or unsealed alcoholic beverage container pursuant to this section if such container is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer.  For the purposes of this section, the term "open or  unsealed" shall mean a container with its original seal broken or a container such as a glass or cup

 c. For a first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section.  For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.

 L.2000,c.83,s.6.