Penalties for Driving While Intoxicated
DWI Penalties in New Jersey
If you were recently arrested for DWI, you are probably feeling uneasy regarding your future. Being charged with DUI in New Jersey is a serious matter, one that requires serious legal representation. Our legal team at the Law Offices of Christopher L. Baxter is here to help you navigate the notoriously complex judicial system.
Regardless of whether you are facing your first DUI offense or third, you need to take immediate action. Stalling could only lead to harsh penalties that could affect your entire life. There are even penalties for refusing a breath test.
DWI penalties can include fines, jail time, suspension of your driver’s license, installation of an interlock device, surcharges, and participation in the IDRC (Intoxicated Driver Resource Center).
Underage Drinking and Driving Penalties
New Jersey is a zero-tolerance state for underage drivers who drink alcohol. If you are convicted of driving with alcohol in your blood (0.01 BAC levels and above), you’ll receive the following penalties:
- Community service of 15-30 days
- Loss of your driving license for 30 – days
- Take part in an alcohol and traffic safety education program or an IDRC
- Insurance surcharges
Drinking After Driving License Suspension because of a DUI/DWI:
- A $500 fine
- Mandatory Jail time: 10 – 90 days
- An extra 1 – 2 years of license suspension
- If you get into an accident while impaired and someone gets hurt, you get mandatory jail time of 45 180 days
- Your car registration may be revoked
Refusing to take a breath test:
- A fine between $300 and $500
- License suspension until you install an ignition interlock device
- Compulsory use of an ignition interlock device (“IID”) for 9 -15 months after license restoration
- Spend at least six hours daily each day for two consecutive days in an IDRC class
- $1,000 NJ MVS surcharge every year for 3 years
- Pay $225 in drunk driving surcharges to the court
- $200 Motor Vehicle Commission restoration fee
- Pay $100 Driving Program fee
2nd Offense:
- A fine between $500 and $1000
- License suspension for 1-2 years
- Compulsory use of an IID while serving punishment and for 2 – 4 years after license restoration
- $1,000 NJ MVS surcharge every year for 3 years
- 48 hours spent in an IDRC
- Pay $225 in drunk driving surcharges to the court
- $200 Motor Vehicle Commission restoration fee
- Pay $100 Driving Program fee
3rd Offense:
- A $1,000 fine
- License suspension for eight years
- Compulsory use of an IID for 2 – 4 years after license restoration
- 48 hours spent in an IDRC
- Pay $225 in drunk driving surcharges to the court
- $200 Motor Vehicle Commission restoration fee
- Pay $100 Driving Program fee
Caught in possession of an open container in the passenger compartment
- A $200 fine
2nd Offense
- A $250 fine
- Community service for 10 days
New Jersey DUI/DWI Penalties
1st Offense
If your BAC is between 0.08 % and 0.10 %, the penalties are:
- A fine between $250 and $400
- 30 days in jail
- Suspension of driving license pending the installation of an IID
- Using an IID for 3 months
- Spending at least 6 hours daily for two consecutive days in an IDRC
- An annual $1,000 NJ MVS surcharge for 3 years
- $200 Motor Vehicle Commission restoration fee
- Pay $100 Driving Program fee
- Pay $50 to Violent Crimes Compensation Fund
- Pay $75 to the Safe Neighborhood Fund
When the BAC levels are between 0.10 and 0.14%, the penalties are:
- A fine between $300 and $500
- 30 days in jail
- Driving license suspension pending IID installation.
- Using the IID for 7-12 months
- Spending at least 6 hours daily for two consecutive days in an IDRC
- An annual $1,000 NJ MVS surcharge for 3 years
- $200 Motor Vehicle Commission restoration fee
- Pay $100 Driving Program fee
- Pay $50 to Violent Crimes Compensation Fund
- Pay $75 to the Safe Neighborhood Fund
2nd Offense
- A fine between $500 and $1,000
- 2-90 days in jail
- Suspension of driving license for 1-2 years
- Community service for 30 days
- Using an IID during license suspension of 2 -4 years after license restoration
- Participate in a 48-hour IDRC program
- An annual $1,000 NJ MVS surcharge for 3 years
- $100 Drunk Driving Enforcement Fund
- $200 Motor Vehicle Commission restoration fee
- Pay $100 Driving Program fee
- Pay $50 to Violent Crimes Compensation Fund
- Pay $75 to the Safe Neighborhood Fund
3rd Offense
- 180 days in jail. However, the court can reduce the sentence up to 90 days for in patient treatment
- Suspension of driving license for 8 years
- Using an IID during license suspension and between 2 4 years license restoration
- Participate in a 48-hour IDRC program, as well as aftercare
- An annual $1,500 NJ MVS surcharge for 3 years
- $100 Drunk Driving Enforcement Fund
- $200 Motor Vehicle Commission restoration fee
- Pay $100 Driving Program fee
- Pay $50 to Violent Crimes Compensation Fund
- Pay $75 to the Safe Neighborhood Fund
Driving With A Minor
- Driver’s license suspension for an additional 6 months
- Community service up to 5 days
- Criminal disorderly persons conviction
New Jersey DUI Attorney Protecting Your Rights
With 30 years of DWI/DUI experience and more than 3,200 DWI cases behind us, we are the kind of law firm you need on your side. Attorney Baxter has solid experience and training regarding field sobriety tests, so he has the expertise to challenge any incriminating evidence being used against you.
Chris is a seasoned litigator with extensive trial experience. He stops at nothing in protecting the rights of the men and women he represents.
Please call us today at 856-235-9881 for more information regarding our client-focused representation.
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