New Jersey DWI Laws Overview

At The Kugel Law Firm, Rachel Kugel offers a free DWI Defense Strategy session. This is a session devoted to delving into the details of your case and discussing the possible strategies and options that may exist. You don’t have to wait days for an in-office appointment or spend hours in traffic. You can call The Kugel Law Firm right now and schedule your Free DWI Defense Strategy Session ASAP over the phone.

The office can also immediately provide you via email with more information, articles, and resources to fully understand and defend your charges.

Call: 973-854-0098 Email: Kugellaw@gmail.com

 New Jersey DWI Penalties

 A DWI charge is a very serious offense in New Jersey. Is considered quasi-criminal in nature therefore while it is not a criminal offense you will have most of the same rights in Court as a criminal defendant. Because a New Jersey DWI is quasi-criminal in nature you will not have the right to a jury trial and a judge alone will decide your case.

There are serious penalties associated with a New Jersey DWI charge including:

-Loss of License

-Potential Jail Time

-Costly Fines

-Surcharges

-Classes

-Community Service

-Installation of an Ignition Interlock Device

Penalties can depend on many factors. Specifically the sentence for a New Jersey DWI is dependent in large part on the number of prior offenses a person has. New Jersey looks at how many years (10 or more) exist between your first and second offense and then how many years (10 or more) exist between a second and third offense to dictate whether one is entitled to a step-down of offense level. This can present a complicated legal question. Additional confusion can arise if prior offenses occurred outside of New Jersey. You should speak to an attorney to find out what level of offense you are truly dealing with and what your exposure is due to that offense level. In addition, there may be options for attacking prior convictions to minimize current consequences. This can be discussed when you speak with New Jersey DWI lawyer Rachel Kugel.

Keep in mind that currently New Jersey does not allow any work, hardship, or conditional driving privileges. Therefore a DWI suspension in New Jersey is a harsh penalty with no driving allowed period. This fact makes it even more imperative that you research whether you may have defense to the charges against you and/or whether they can be minimized and therefore a license suspension shortened.

To give an overview:

New Jersey DWI Penalties for a First Offense

First offense penalties in New Jersey are “tiered” based on the BAC reading.

 

On a reading of .08-.099 the penalties include:

-3 Month License Loss

-Jail Up to 30 Days

-12-48 hours Intoxicated Driver Resource Center

-Fines $250-400

-Surcharges of $3500 and up

-Ignition Interlock at the Court’s discretion

 

 

On a reading of .10 or greater (or charge of DWI Drugs)

-7-12 Month License Loss

-Jail up to 30 Days

-12-48 hours Intoxicated Driver Resource Center

-Fines $300-500

-Surcharges of $3500 and up

-Ignition Interlock at the Court’s Discretion

-Drivers with a BAC of .15 or greater will face a mandatory installation of an Ignition Interlock.

 

 New Jersey DWI Second Offense

On a second offense New Jersey DWI the penalties are the same regardless of the BAC number.

-2 Year License Loss

-Jail 2-90 days

-12-48 Hours IDRC

-Community Service 30 days

-Fines $500-1000

-Surcharges of $3500 and up

-Installation of Ignition Interlock Device for the Period of Suspension and 1-3 years Thereafter.

 

New Jersey DWI Third Offense

On a third offense New Jersey DWI the penalties are the same regardless of the BAC number.

-10 Year License Loss

-Jail 180 Days (mandatory sentence, up to 90 may be served in an inpatient rehabilitation facility)

-12-48 Hours IDRC

-Fines $1,000

-Surcharges $3500 and up.

-Installation of Ignition Interlock Device for the Period of Suspension and 1-3 Years Thereafter.

 

New Jersey Refusal

New Jersey’s Refusal Statute is based on the concept of implied consent. By utilizing the public roadways in New Jersey a driver is consenting to the taking of samples for the purpose of determining the level of alcohol or drug in his/her system. A driver can be convicted of a Refusal charge even if he is acquitted or found not guilty of a DWI charge. They are separate offense with separate penalties.

The penalties for a New Jersey Refusal are:

First offense refusal

-7-12 Months License Loss

-12 Hours Minimum IDRC

-Mandatory Installation of an Ignition Interlock Device

-Fines $300-500

-Surcharges $3500 and up

 

Second Offense Refusal

-2 Year License Loss

-12 Hours Minimum IDRC

-Mandatory Installation of an Ignition Interlock Device

-Fines $500-1000

-Surcharges $3500 and up

 

Third Offense Refusal

-10 Year License Loss

-12 Hours Minimum IDRC

-Mandatory Installation of an Ignition Interlock Device

-Fines $1,000

-Surcharges $3500 and up

 

*It should be noted that on a Second and Third Refusal offense the penalties must run consecutive and not concurrent to any DWI penalties imposed.

 

 

Underage DWI

An underage driver faces the same penalties for a “regular” DWI as any other driver as noted above. However a driver under age 21 faces the possibility of a conviction under the zero tolerance law, a concept that makes it an offense for a driver under 21 to have any amount of blood alcohol content; .01-.079.

The penalties for Underage DWI are:

-30-90 Day License Loss

-Community Service 15-30 days

*An underage DWI charge cannot be used to enhance the offense level of a future DWI charge.

 


This list of penalties is meant to give an overview only. The list is not exhaustive for example there can be enhanced penalties if any of the offenses above occurred in a school zone.

 

It is extremely important for anyone facing a New Jersey DWI charge to consult with an attorney to understand his or her rights, penalty exposure, and possible defenses right away.
If you are charged with a DWI or related offense, don’t lose hope these cases can be defended against and can be minimized. Contact an attorney to discuss the specifics of your case and your options.

 

At The Kugel Law Firm Rachel Kugel offers a free DWI Defense Strategy session. This is a session devoted to delving into the details of your case and discussing the possible strategies and options that may exist. You don’t have to wait days for an in-office appointment or spend hours in traffic. You can call The Kugel Law Firm right now and schedule your Free DWI Defense Strategy Session ASAP over the phone.

 

The office can also immediately provide you via email with more information, articles, and resources to fully understand and defend your charges.

 

Call: 973-854-0098

Email: Kugellaw@gmail.com

 

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