(732) 582-5076A DWI conviction can result in serious penalties, including jail time, fines, community service, and mandatory installation of an ignition interlock device (IID) in the offender’s vehicle. Offenders will also have to attend 12 to 48 hours of classes at an Intoxicated Driver Resource Center (IDRC). The exact penalties that are imposed for a DWI conviction will vary from case-to-case and will depend partly on the defendant’s prior record. All convicted DWI offenders are penalized, but repeat offenders will face enhanced penalties.
Penalties For A DWI
The penalties for a DWI range from fines to suspension of your license to jail time and so forth. It all depends on whether it is your first conviction or if you have a history of DWI conviction cases. However, regardless of whether it is your first time or not, you would still be required to fulfill certain conditions like:
- A $50 fee for the Violent Crime Compensation fund
- A $100 fee for an Intoxicated Driving Program
- A $75 fee for a Safe and Secure Community Program
- A $100 restoration fee for the Motor Vehicle Commission
- A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund
Added to these, a judge could order that your vehicle registration be revoked. The judge may also order an ignition interlock device to be installed into any car you intend to drive. This device measures the blood alcohol level of the driver at any time and is placed just near the steering. The driver is required to breathe into it just before they start their car. Should, perhaps, the driver fail to present himself for a chemical test, that is, either with a blood or urine sample, your license gets suspended automatically.
Penalties For A First Offense DWI
First-time offenders with a BAC (blood alcohol content) level measuring from 0.08% to 0.099% at the time of the arrest face the penalties listed below. First-time offenders arrested with a BAC level measuring at or above 0.10% face even greater penalties, as listed here:
A first-time offender arrested with a BAC level measuring below 0.15% will not face a license suspension provided that the offender installs an IID in his or her vehicle prior to receiving a conviction.
It’s important to have a DWI attorney review your case before you enter a plea. DWI charges are not taken lightly in New Jersey, so you could face penalties even if you have a clear criminal and driving record.
Penalties For A Second DWI Offense
DWI offenders who have been convicted of DWI in the past ten years will face enhanced penalties if they are convicted for the second time. A second offense DWI can result in various penalties, including:
It’s important to note that first offenses may or may not lead to jail time, but second offenses will result in at least 48 hours in jail.
Penalties For A Third Offense DWI
If you have been convicted of DWI twice in the last ten years, you will face more severe consequences for your third conviction. These penalties include:
All of the penalties are more severe for third offenses, especially the jail sentence. Convicted third-time offenders will be incarcerated for 180 days.
What Are the Penalties For Drug-Related DWI Charges?
You can also be charged with DWI if you drive while you’re under the influence of any intoxicating drug – and it doesn’t matter if that drug is an illegal drug, prescribed by your doctor, or purchased over-the-counter. If the drug impairs you and you’re unable to operate a vehicle safely, you’ll be charged with DWI, and the penalties are only slightly different from cases involving alcohol.
If you’re convicted of a drug-related DWI, you’ll face a mandatory 7-to-12-month license suspension, up to 30 days in jail, and fines and surcharges surpassing $3,500. A second conviction is punishable with from 2 to 90 days in jail and a 2-year driver’s license suspension along with higher fines and surcharges. A third conviction will be punished with a 10-year driver’s license suspension, up to 180 days in jail, and even higher fines and surcharges.
What Are the Penalties For Underage DWI/DUI in New Jersey?
New Jersey is a zero-tolerance state for underage DWI offenders, which means this offense carries serious penalties. If you are under the age of 21, you could face DWI charges if your BAC level at the time of an arrest is 0.01% or higher.
Most of the penalties are slightly harsher for underage drivers with a BAC level of 0.10% or above.
What Are the Consequences For Boating Under the Influence in New Jersey?
Boat operators are held to the same standards as drivers, so it is illegal to operate a boat while under the influence of alcohol or drugs. First-time BWI offenders can face serious penalties, including
- 1-year boating license suspension
- 3-month driver’s license suspension
Second-time offenders can face a number of penalties, including:
- 2-90 days in jail
- 2-year driver’s license suspension
- 2-year boating license suspension
- Fines up to $1,000
- 30 days of community service
If you are convicted of BWI for the third time, you will face more severe consequences, including:
- $1,000 in fines
- 180 days in jail
- 10-year driver’s license suspension
- 10-year boating license suspension
- Up to 90 days of community service
Boating operators can also face higher insurance rates as a result of a BWI conviction, which can result in thousands of dollars of surcharges.
What Are the Court Procedures For DWI Cases?
DWI court procedures are slightly different from the procedures followed in criminal cases. DWI is a traffic violation and is not a criminal offense. This means DWI cases are heard in municipal courts, and the judge presiding over the case determines whether the defendant is guilty or not guilty.
What Are The Costs of a DWI In New Jersey?
The IID installation cost and maintenance fees can vary, but you can add approximately $100 for the installation and approximately $100 a month for IID maintenance and calibration.
What To Look For When Hiring A DWI/DUI Lawyer in New Jersey
It’s important to choose the right attorney to defend you against DWI charges. But there are many DWI defense attorneys in New Jersey, so many people don’t know how to find the right one.
You will need to look for an attorney who has a significant amount of experience representing clients in DWI cases. You should never hire an attorney who specializes in another area of law. These attorneys will not have the resources or experience to beat DWI charges. Make sure to choose a criminal defense attorney with trial experience, too. You need to know that your attorney is ready and willing to take your case to court if necessary, and an attorney who has no trial experience may not want to bring your case to court.
DWI cases are complex, so look for an attorney who has advanced DWI training. Steven Hernandez has received extensive training in field sobriety testing, breathalyzer devices, and chemical DWI/DUI testing. He is certified by the New Jersey Supreme Court as a Municipal Court Trial Lawyer and is a Board-Certified DUI Attorney certified by the National College for DUI Defense.
His substantial background, training, and experience help Steven Hernandez provide the best possible defense for his clients. If you’re looking for a DWI attorney, look no further.
Call Now to Set Up A Free Consultation With A DWI Attorney
It’s in your best interest to seek legal representation from attorney Steven Hernandez at The Hernandez Law Firm regardless of whether this is your first, second, or third DWI offense. To schedule a free consultation, call 732-286-2700 or submit your information using the contact form on this website.
The governor signed this important amendment to the DWI law this morning providing:
Any person who is required to forfeit the right to operate a motor vehicle over the highways of this State pursuant to this section may, in lieu of forfeiting the right to operate a motor vehicle, install an ignition interlock device and receive a one day credit against the period that the person is required to forfeit the right to operate a motor vehicle over the highways of this State pursuant to this section for every two days that the person has the ignition interlock device installed. A person shall not be entitled to this credit if the violation of this section resulted in serious bodily injury as defined in N.J.S.2C:11-1 to another person. In addition, a person who has been arrested or convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic, or habit-producing drug or permitting another person who is under the influence of a narcotic, hallucinogenic, or habit-producing drug to operate a motor vehicle owned by the person or under the person’s custody or control pursuant to the provisions of this section or a person who has been convicted of operating a commercial motor vehicle under the influence of a controlled substance pursuant to section 5 of P.L.1990, c.103 (C.39:3-10.13) shall not be eligible for this credit.