Penalties for a DWI in New Jersey

Driving While Intoxicated (DWI) is a serious offense that can carry severe penalties. The punishment can vary substantially depending on the circumstances of your case, including whether you took the Breath test, your Blood Alcohol Concentration (BAC), and whether this is your first offense or you are a repeat offender.

In any DWI case, as with all other offenses, you are presumed innocent until proven guilty beyond a reasonable doubt. If the police violated your rights during the traffic stop or their investigation, a skilled DWI defense lawyer can work to have illegally obtained evidence excluded from consideration, which can pave the way for a successful plea negotiation, a reduction in the severity of the charges or penalties or even outright dismissal of your case.

John C. Iannelli is a talented and sought-after DWI defense attorney who proudly serves people facing DWI charges in and around Blackwood and throughout South Jersey. He has been in practice for over 30 years and brings an aggressive style to every case he takes on.

New Jersey’s DWI Law

Under New Jersey’s Driving While Intoxicated law, a person over age 21 can be charged with drunk driving if they “operate[ ] a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operate[ ] a motor vehicle with a blood alcohol concentration of 0.08 percent or more.”

Penalties for a New Jersey DWI

The penalties for a New Jersey DWI vary based on the level of a driver’s intoxication and whether this is their first or subsequent offense.

First-Time DWI with a BAC of .08% to .10%

For a first-offense DWI with a BAC of .08% to .10%, penalties include:

• A fine of $250 to $400
• Mandatory attendance at an Intoxicated Driver Resource Center (IDRC) for between 12 and 48 hours
• Up to 30 days in jail
• Mandatory installation of an Ignition Interlock Device (IID) for three months, at the driver’s expense
• A driver’s license suspension until the IID is installed
• Insurance surcharges of $1,000 annually for three years
• Additional fees and surcharges of more than $525

First-Time DWI with a BAC of .10% to .15%

For a first-offense DWI with a BAC of .10% but less than .15%, the penalties are:

• A fine of $300 to $500
• Up to 30 days in jail
• Attendance at an IDRC for 12 to 48 hours
• Mandatory installation of an IID for 7 to 12 months
• A driver’s license suspension until an IID is installed
• Insurance surcharges of $1,000 annually for three years
• Additional fees and surcharges of more than $525

First-Time DWI with a BAC Greater Than .15%

For a first-offense DWI with a BAC greater than .15%, a driver faces the following penalties:

• Fines of $300 to $500
• Up to 30 days in jail
• A driver’s license suspension for 4 to 6 months
• Mandatory attendance at an IDRC for 12 to 48 hours
• Mandatory installation of an IID for 9 to 15 months
• Insurance surcharges of $1,000 annually for three years
• Additional fees and surcharges of more than $525

Second Offense DWI

If a driver is charged with a second DWI in 10 years they are treated as a repeat offender and face harsher penalties, including:

• A driver’s license suspension for 1 to 2 years
• Mandatory installation of an IID for 2 to 4 years
• Fines of $500 to $1,000
• Mandatory attendance at an IDRC for 12 to 48 hours
• 30 days of community service
• Between 48 hours and 90 days in jail

Third Offense DWI

For a third DWI offense in 10 years, a driver faces:

• An 8-year driver’s license suspension
• An IID for 2 to 4 years after their license is reinstated
• A $1,000 fine
• Insurance surcharges of $1,500 annually for three years
• Required IRDC attendance for 48 hours
• Up to 180 days in jail

Penalties for Refusing to Submit to a Breath test

Under New Jersey’s implied consent law, drivers suspected of DWI are required to submit to a chemical test to determine their BAC. A driver who refuses to submit to the test faces the following penalties:

• For a First Offense — a fine of $250-$400 and a 7 month driver’s license suspension
• For a Second Offense — a fine of $250-$400 and a two-year driver’s license suspension
• For a Third and Subsequent Offense — a fine of $250-$400 and a ten-year driver’s license suspension
• Insurance surcharges of $1,000 per year for three years
• Requirements set by the Intoxicated Driving Program/Intoxicated Driver Resource Center

If the police can use other evidence to prove the driver was under the influence of drugs or alcohol, the driver can still be convicted of DWI and will face the penalties identified above.

How a New Jersey DWI Lawyer Can Help

If you were charged with drunk driving in New Jersey, you need an experienced, aggressive DWI attorney on your side. DWI attorney John C. Iannelli has been in practice since 1992 and has dedicated his career to defending people accused of crimes in South Jersey. He takes an aggressive approach to every case he takes on and will carefully investigate the circumstances of your arrest, challenge the state’s evidence, and work to obtain the best result he can in your case.

Contact Ianelli Law Today

If you are facing DWI charges in New Jersey, don’t leave your future to chance. Take control of your situation by contacting experienced DWI defense lawyer John C. Iannelli. Contact our law office today to schedule an appointment to discuss your situation and how we can help.