In New Jersey, Driving While Intoxicated charges are defined as traffic violations, not criminal violations, and are handled in the Municipal Court where you were arrested and charged. Driving While Intoxicated charges are governed by statute N.J.S.A. 39:4-50. This statute creates two ways for someone to be arrested and charged with a DWI.
The first is a "Per Se" violation. This means that your Blood Alcohol Concentration (BAC) is .08% or greater, regardless if you pass the Standardized Field Sobriety Tests.
The second is an "Observational" violation. This means that you are being charged based on your failure to successfully complete the Standardized Field Sobriety Tests, regardless of your BAC. Under an "Observational" violation, you can be charged with a DWI even if your BAC is .01%.
FIRST DWI OFFENSE PENALTIES
First time DWI offense penalties are based on your BAC reading. The penalties are as follows:
If your BAC is 0.08 percent or higher, but less than 0.10 percent, the penalties are:
- A fine between $250-$400
- Imprisonment for up to 30 days
- License suspension beginning at court and remaining until such time that an ignition interlock device is installed
- The installation of an ignition interlock device for a period of 3 months
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years
If your BAC is 0.10 percent to a 0.14 percent, the penalties are:
- A fine between $300-$500
- Imprisonment for up to 30 days
- License suspension beginning at court and remaining until such time that an ignition interlock device is installed
- The installation of an ignition interlock device for a period ranging from seven (7) to twelve (12) months
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years
If the your BAC is 0.15 percent or above percent, the penalties are:
- A fine between $300-$500
- Imprisonment for up to 30 days
- License suspension for a period of time ranging from four (4) to six (6) months
- The installation of an ignition interlock device for a period ranging from nine (9) to fifteen (15) months
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years
SECOND DWI OFFENSE PENALTIES
Unlike penalties for a first DWI offense, second DWI penalties do not differentiate based on your BAC reading. Regardless of your BAC, you are subject to the following penalties:
- A fine between $500 and $1,000
- Ordered by the court to perform community service for a period of 30 days
- Sentenced to imprisonment for a term of not less than 48 consecutive hours and no more than 90 days
- Forfeit their right to operate a motor vehicle over the highways of New Jersey for a period of one (1) to two (2) years upon conviction
- Required to install an ignition interlock device for a period of twenty-four (24) to forty-eight (48) months after their drivers license is restored
THIRD DWI OFFENSE PENALTIES
As with second DWI penalties, third DWI penalties do not differentiate based on your BAC reading. Regardless of your BAC, you are subject to the following penalties:
- 10 years driving privilege suspension
- $1,000 fine
- Up to 90 days of community service
- 12-48 hours at intoxicated driver resource center (IDRC)
- Up to 180 days in jail
- Insurance surcharge of $1,500/year for 3 years
- $100 DUI enforcement surcharge
- Required installation of ignition interlock device during suspension and for 1-3 years after restoration of driving privileges
If charged with Driving While Intoxicated, contact The Law Offices of Alex Cirocco or call us immediately at 973-327-9995 for your free consultation.
These charges can have devastating consequences on your personal and professional life. Having an attorney who knows the law and what defenses are available is crucial to ensure your case is resolved most favorable to you. Mr. Cirocco will guide you through the process and ensure you have the strongest possible legal representation.
