DWI

Every year nearly 2 million people are arrested nationwide for driving while intoxicated (hereafter referred to as “DWI”) or a DWI related offense. That makes drunk driving by far America’s most common traffic/criminal offense.

NOTE: All references in this website to “Driving While Intoxicated” or “DWI” or “drunk driving” include driving under the influence of drugs.

Over the last several decades every single state in the country has gotten tougher and tougher in prosecuting people charged with DWI offenses. And the state of New Jersey is absolutely no exception. In fact, New Jersey has some of the toughest laws relating to DWI and the penalties for a conviction are some of the most stringent in the country.

DWI Charges in New Jersey

Persons convicted operating a motor vehicle while under the influence of alcohol or drugs are subject to substantial penalties, including fines loss of license and jail! All persons convicted of these offenses are subject to the following penalties (Note: If the offense occurs in a School Zone, the following penalties are increased!):

• A fine of $250-$500
• Up to 30 days in JAIL
• A 90 day license suspension if your Blood Alcohol Concentration (BAC) is 0.08% but not greater than 0.10%.
• A 7 month to 1 year license suspension if your BAC is 0.10% or higher.
• 12 to 48 hours in the drunk driving class (Intoxicated Driver Resource Center – IDRC), at a charge of $75 a day
• Mandatory ignition interlock if BAC is .15% or higher
• $225 surcharge to be deposited in a drunk driving enforcement fund
• An insurance surcharge of $1,000 a year for three years
• A drivers license restoration fee of $100
• An Intoxicated Driving Program fee of $100
• A Violent Crimes Compensation Fund fee of $50
• A Safe and Secure Community Program fee of $75

• A fine of $250- $500
• A minimum of 2 days and a maximum of 90 days in jail
• A 2 year license suspension
• 48 consecutive hours detainment in a drunk driving class at a charge of $100 a day
• 30 days of Community Service
• Mandatory ignition interlock
• $225 surcharge to be deposited in a drunk driving enforcement fund
• An insurance surcharge of 1,000 a year for three years
• A drivers license restoration fee of $100
• An Intoxicated Driving Program fee of $100
• A Violent Crimes Compensation Fund fee of $50
• A Safe and Secure Community Program fee of $75

• A fine of $250-500
• 6 months in JAIL
• A 10 year license suspension
• Detainment in an in-patient alcoholism treatment program
• Requirements as set by IDRC
• A fee to be paid to IDRC
• Mandatory ignition interlock
• $225 surcharge to be deposited in drunk driving enforcement fund
• An insurance surcharge of $1,500 a year for three years
• A drivers license restoration fee of $100
• A Violent Crimes Compensation Fund fee of $50
• A Safe and Secure Community Program fee of $75

• 1^st Offense — $250-$400 fine and seven-month license suspension
• 2^nd — $250-$400 fine and two-year license suspension
• 3^rd & Subsequent Offenses — $250-$400 fine and ten-year license suspension
• Insurance Surcharge of $1,000 a year for three (3) years
• Requirements set by the Intoxicated Driving Program/Intoxicated Driver Resource Center

• A fine of $1000 (if no prior convictions for driving while suspended)
• 10 to 90 days JAIL (Note: If you have an accident and someone is hurt while your license is suspended, you face a mandatory 45 day jail sentence)
• One (1) to Two (2) year license suspension
• Revocation of motor vehicle registration privileges

• 1^st Offense — $200
• 2^nd Offense — $250 fine or 10 days of community service

If you are under 21 years old and buy or drink alcohol in a place with an alcoholic beverage license, you may be fined $500 and lose your driver’s license for 6 months.

If you do not have a driver’s license, the suspension starts when you are first eligible to receive a license. If you drink in a motor vehicle, you will add 30 days to your suspension.

Misrepresent your age or buy alcoholic beverages for those under 21, and you will be fined $500 and lose your license for 6 months.

If you are under 21 and drive with a Blood Alcohol Concentration (BAC) of 0.01 percent or more, you will be subject to the following penalties:

• Loss or postponement of driving privileges for 30 to 90 days
• 15 to 30 days of community service
• Participation in a program of alcohol education and highway education safety

To reach a BAC of 0.01 percent, you only need one alcoholic drink. If you are under 21 and drive while under the influence of alcohol and/or drugs, or with a BAC of 0.08 percent or more, you may be subject to all the penalties as listing above for DWI.

In New Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC refers to the amount of alcohol in your blood.

For example, if a person has a BAC of 0.10 percent, it means that there is one drop of alcohol for every 1,000 drops of blood in his/her body. As BAC increases, the chance of being involved in a serious motor vehicle collision also increases.

Drivers must perform a series of coordinated tasks using their hands, feet, eyes, ears, and body movements. Quick decisions, which are converted into breaking, steering, accelerating, signaling or a combination of these, need to be made each time we drive.

Drinking even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgment, vision and alertness. If you consume any amount of alcohol and your driving is affected, you can be convicted of DWI.

Keep in mind that under the law, your ability to operate a motor vehicle can also be impaired by prescription, non-prescription or illegal drugs and the same penalties apply.

Obviously, DWI and DWI related offenses have serious consequences which include substantial fines and penalties, loss of license and even JAIL! Therefore, it is in your best interest to hire a lawyer that specializes in these types of offenses!