New Jersey DWI/DUI Laws and Penalties
Driving while intoxicated (DWI) in New Jersey is a serious offense that can lead to severe penalties. In New Jersey, drivers are considered “under the influence” if their blood alcohol concentration (BAC) is 0.08% or higher.
An Overview of New Jersey DWI/DUI Laws and Penalties
The penalties for a first-time DWI conviction include hefty fines, serving time in county jail, or having an ignition interlock device (IID) installed on your car. Other consequences if found guilty include an alcohol school program, attendance at an Intoxicated Driver Resource Center (IDRC), and an insurance surcharge for a particular number of years. The penalties and fines for a second-time DWI conviction are usually more severe than those for a first offense.
If you are found guilty of a DUI offense in New Jersey, a higher court cannot suspend your sentence in another court. Also, the penalties or sentencing for driving under the influence range from losing your license for three months to 10 years, depending on the severity of your charge.
If you are caught driving with a suspended license due to driving while intoxicated, you could face a fine of $500, 10 to 90 days of imprisonment, and one to two years of additional license suspension. A law office defense of New Jersey DWI and criminal cases could help you avoid incarnation or have your charges lowered.
New Jersey DWI/ DUI Sentencing and Penalties
New Jersey DWI penalties can be severe depending on the number of prior offenses.
Sentencing for 1st offense DWI
If you are convicted of a first-time DWI offense in New Jersey, you could face a jail term of up to 30 days, fines ranging from $250 to $400, and a license revocation of three months to one year. You may also be required to attend a DWI program and perform community service. If you are convicted of a second offense of DWI in New Jersey, you face more severe penalties, like the ones explained below. Getting the best criminal lawyer in NJ to represent you will help you avoid facing stiff penalties.
Sentencing for a second offense of DWI
If you are arrested for a second DWI in New Jersey, the penalties are the same regardless of your blood alcohol content. You could face fines ranging from $500 to $1,000, a minimum jail sentence of 48 consecutive hours, and a maximum jail sentence of 90 days. You may also be required to attend a DWI program and perform community service.
Sentencing for 3rd offense DWI
If you are arrested for a third or consecutive DWI within the last ten years in New Jersey, the penalties are usually higher than the previous crimes. You could face a fine of $1,000, mandatory imprisonment in the county jail of not less than 180 days, a driver’s license suspension of ten years, an ignition interlock device (IID) for one to three years, and a motor vehicle surcharge of $3,000 The surcharge is payable at $1,000 per year for three years.
Aggravating factors
Common factors in aggravated DUI cases in New Jersey include:
- Having a high BAC of 0.10 or greater
- Getting arrested for a DUI in a school zone,
- Being a repeat offender, having a child in your vehicle during the DUI arrest.
- Getting arrested for a DUI after a crash12.
License-Related Consequences
Under New Jersey law, implied consent means that, as part of having the privilege to drive, every person with a driver’s license consents to providing breath samples at the request of a police officer. You must comply with this rule, provided the officer has probable cause to believe you have been driving while under the influence.
Refusal of DUI Tests
Refusing a breathalyzer test in New Jersey can lead to serious penalties and other consequences, including court-imposed assessments of up to $1,159.
Ignition interlock devices (IIDs)
An ignition interlock device is a breathalyzer that is installed in your vehicle to be used to monitor your blood alcohol level. If you have an interlock device installed, you must submit to a breath test before you can start your car every time you drive.
Underage Drivers
If you are under 21 years old and you drive with a BAC of anything over 0.01%, you may face all of the fines and imprisonment times above, as well as:
- License suspension between 30 and 90 days.
- Community service between 15 and 30 days.
- Mandatory Alcohol and Highway Safety Education with IDRC.
Finding an experienced DUI defense lawyer should be your immediate action after facing arrest for driving while intoxicated in New Jersey. Upon your arrest, you could contact us, the Law Offices of Bartholomew Baffuto, for help. Call us today to speak to an attorney and schedule a consultation.