NJ DWI Penalties
A DWI conviction in New Jersey may result in jail time, a monetary fine, and a period of license suspension, among other potential penalties. The severity of these penalties will depend on a number of different factors, including:
- Any Previous DWI convictions on your record
- The presence of any underage passengers in the vehicle
- Whether or not you hold a commercial driver's license (CDL)
New Jersey DWI Refusal
You may be surprised to learn that if you hold a valid driver’s license from New Jersey or any other state, you have given your consent to submit to a breath sample by law enforcement by driving on any public road, street, or highway in the state. Failure to submit to a breath test will result in a DWI refusal charge, also known as an implied consent violation.
A Second, Separate Charge
It is important to understand that this charge is related to the act of refusing the official breath test and is in addition to any DWI charge you may face. Under New Jersey DWI law, even if you are acquitted on the DWI charge, you can still be convicted on the refusal charge.
| License Suspension | IRDC Detainment | Ignition Interlock | Fines | Surcharge | |
|---|---|---|---|---|---|
| 1st Offense | 7 Months - 1 Year | 12 Hours Minimum | 6 Months - 1 Year | $300-$500 | $3500+ |
| 2nd Offense | 2 Years | 48 Hours Minimum | 1 - 3 Years | $500-$1000 | $3500+ |
| 3rd Offense | 10 Years | 12 Hours Minimum | 1 - 3 Years | $1000 | $5000+ |
Note: The ignition interlock device must be installed for the duration of the license suspension plus the addition period noted in the table above.
NJ DWI Refusal Penalties in a School Zone
| License Suspension | IRDC Detainment | Ignition Interlock | Fines | Surcharge | |
|---|---|---|---|---|---|
| 1st Offense | 1 - 2 Years | 12 Hours Minimum | 6 Months - 1 Year | $600-$1000 | $3500+ |
| 2nd Offense | 4 Years | 48 Hours Minimum | 1 - 3 Years | $1000-$2000 | $3500+ |
| 3rd Offense | 20 Years | 12 Hours Minimum | 1 - 3 Years | $2000 | $5000+ |
Note: The ignition interlock device must be installed for the duration of the license suspension plus the addition period noted in the table above.
Effective New Jersey DWI Refusal Defense
DWI refusal cases are highly complex legal matters that are best handled by experienced DWI professionals.Attorney Steven Hernandez has a proven track record of success in representing clients facing DWI refusal charges.
Penalties for a First Offense DWI
A DWI conviction can trigger severe consequences—even if you have a perfect driving record and no previous criminal history.
The state of New Jersey uses a multi-tiered penalty structure for DWI offenses. Under this structure, drivers who had a BAC of 0.08% to 0.099% are classified as “General DWI” offenders and those whose BAC was 0.10% or higher are classified as “High Rate DWI” offenders.
In addition to these fines and penalties, a DWI conviction can trigger a host of other consequences such as increased auto insurance rates, travel restrictions, an ignition interlock device and potential job loss. New Jersey does not allow work permits or limited driving licenses during a license suspension period. A DWI license suspension means no driving—period.
| Tier | Description | Jail Sentence | License Suspension | IDRC Detention | Fines | Surcharge |
|---|---|---|---|---|---|---|
| General DWI | BAC .08-.099 | Up to 30 Days | 3 Months | 12- 48 Hours | $250-$400 | $3000 |
| High Rate DWI | BAC .10+ | Up tp 30 Days | 7 - 12 Months | 12 - 48 Hours | $300-$500 | $3000 |
Penalties for a Second Offense DWI
If you have been convicted of DWI in New Jersey within the past ten years, your second DWI conviction will result in enhanced penalties:
For a second DWI within 10 years, you will be also required to install an ignition interlock device in your vehicle for the duration of the license suspension plus an additional one to three years following the restoration of your license. Your auto insurance may also be affected by a second DWI conviction. Your insurance company may raise your rates or cancel your policy altogether.
| Jail Sentence | License suspension | IDRC Detainment | Community Service | Fines | Surcharge | |
|---|---|---|---|---|---|---|
| 2nd Offense in 10 Years | 2 - 90 Days | 2 Years | 12 - 48 Hours | 30 Days | $500-$1000 | $3000+ |
Penalties for a Third Offense DWI
If you have been convicted of DWI in New Jersey within the past ten years, your second DWI conviction will result in enhanced penalties:
Spending six months in jail and losing your driver’s license for 10 years can affect more than just your personal life. You could also lose your job, especially if you drive for a living. Three or more DWI convictions on your record will also make it harder to obtain employment in the future. If you already have two or more DWI convictions on your record and are facing a third or subsequent charge, you need to speak with a reputable and experienced DWI defense attorney right away.
| Jail Sentence | License suspension | IDRC Detainment | Fines | Surcharge | |
|---|---|---|---|---|---|
| 3rd or Subsequent Offense | 180 Days | 10 Years | 12 - 48 Hours | $1000 | $4500+ |
New Jersey DWI & Your Driver's License
Your driver’s license will be suspended if you are convicted of or plead guilty to a DWI in New Jersey. The length of the suspension depends on the number of prior DWIs you have received within the last 10 years. DWI license suspensions in New Jersey are as follows:
| Offense | BAC .08 - .10 | BAC Over .10 |
|---|---|---|
| First Offense | 3 Months | 7 - 12 Months |
| Second Offense | 2 Years | 2 Years |
| Third Offense | 10 Years | 10 Years |
A licensed underage driver with a BAC of .01 or higher may lose his or her license for 30 to 90 days.
Penalties for Driving While on Suspension
If you are convicted of DWI in New Jersey, one of the penalties you may face is a suspension of your driver’s license. If you are caught driving at any time while your license is suspended, you could face even more penalties.
| Jail Sentence | License Suspension | Fines | Surcharge | |
|---|---|---|---|---|
| First Time (DWS) | 10 - 90 Days | 1 - 2 Additional Years | $500 | $750 |
| Second Time (DWS) | 180 Days to 18 Months | 1 - 2 Additional Years | $10000 | $750 |
New Jersey DWI License Suspension & Travel
For a first offense, your license can be suspended for up to one year. Repeat offenders will face more time than this. New Jersey does not offer limited licenses or work permits so a one year suspension means no driving at all.
This makes getting to and from where you need to go both cumbersome and expensive. This is difficult to estimate as costs will vary due to the availability of public transport and other factors. However, even using a modest estimate of $100 per week, these costs quickly add up to the tune of $5,000 over a year.
Costs for Traveling While Serving a License Suspension: $5000 per year.
New Jersey Ignition Interlock Devices
If you are a repeat offender or a first time offender with a BAC of 0.15% or above, you will be required to install an ignition interlock device on your vehicle. The cost for this device and its maintenance is about $1,500 per year. The required term for an interlock device is 6 to 18 months for a first offense after the license is restored. For a second or third offense, drivers are required to have the device installed for the duration of the license suspension AND an additional one to three years afterwards.
The costs for Ignition Interlock Device amount to $1500 per year.
On top of this is the embarrassment of having an interlock device installed in your car. It’s like a proverbial scarlet letter. Everyone will know about your DWI, which is one of the most politically charged crimes in the country.
Jail Sentences for DWI in New Jersey
If you are convicted of DWI in New Jersey, it is possible that you could be spending time behind bars. The maximum amount of time will depend on how many prior offenses are on your record.
| 1st Offense | 2nd Offense | 3rd Offense | |
|---|---|---|---|
| Jail Sentence | 0 - 30 Days | 0 - 90 Days | 0 - 180 Days |
The judge will have sole discretion in your case regarding the length of your jail sentence. He or she will make that determination based on circumstances specific to your case.
NJ DWI Penalties for Out of State Drivers
Millions of out-of-state drivers travel through New Jersey each year. Those who are arrested and charged with DWI face complicated and serious circumstances, which may end up in legal proceedings in two separate states. The State of New Jersey is part of the Interstate Driver’s License Compact, which requires law enforcement to notify your home state if you are convicted of a DWI. Every state handles this differently but the end result is usually the same: your home state will likely suspend your driver’s license.
New Jersey DWI Fines
One of the first things people ask about when charged with a first offense DWI is “How much is this going to cost?” Because of the nature of this offense, there are many different types of costs that need to accounted for, including fines, court fees, increased insurance rates and the cost of getting around while your license is suspended.
There are, however, some definite financial obligations you will have to consider. There are fines, surcharges and mandatory assessments that are required to be paid by law. For a first offense these include:
| Fines | Insurance Surcharges | Misc. Charges | Total Fines & Surcharges |
|---|---|---|---|
| $250 - $500 | $3000 (Over 3 Years) | $364 | $3864 |
Many people don’t realize how much a DWI conviction will cost them. Just because the charge is dealt with as a traffic charge and not a criminal charge doesn’t mean you will pay a ticket and go free. Even a conviction for a first offense could land you in jail, get your license suspended and cost you thousands of dollars.
Hidden Costs
There are many hidden costs for a New Jersey DWI. There are certain mandatory assessments, fines and surcharges that every person, convicted of a DWI/DUI must pay. They are as follows:
| Total Costs | $3614 - $3864 | $3,864 - $4,364 | $5,864 |
|---|---|---|---|
| First Offense | Second Offense | Third Offense | |
| Fines | $250 - $500 | $500 - $1000 | $1000 |
| Insurance Surcharge | $3000 (Over 3 Years) | $3000 (Over 3 Years) | $4500 (Over 3 Years) |
| Drunk Driving Enforcement Fund | $100 | $100 | $100 |
| DUI Surcharge | $100 | $100 | $100 |
| Safe Neighborhood Fund | $75 | $75 | $75 |
| Victims of Crime Compensation Board | $50 | $50 | $50 |
| Court Costs | $33 | $33 | $33 |
| Law Enforcement Officers Crisis Intervention Services | $1 | $1 | $1 |
| Autism Medical Research & Treatment Fund | $1 | $1 | $1 |
| New Jersey Spinal Cord Research Fund | $1 | $1 | $1 |
| New Jersey Forensic DNA Laboratory Fund | $2 | $2 | $2 |
| New Jersey Brain Injury Research Fund | $1 | $1 | $1 |
Additional Costs
Car Insurance
Your car insurance premiums will increase if convicted of a DWI. While this increase is based on a number of factors including your driving history, you can estimate that the premiums will be double to triple what they were before. In the long run this can add up to ten of thousands of dollars.
Ignition Interlock
Ignition Interlock: All repeat offenders and first time offenders with a BAC of over 0.15% will have to install an ignition interlock device in the vehicle at their own expense. The cost for this device and its maintenance is about $100 per month.
Help for Your New Jersey DWI Case
If you have been charged with DWI and you hold a pilot’s license, it is imperative that you speak with a knowledgeable DWI defense attorney immediately in order to mitigate the impact to your license and your career. Attorney Steven Hernandez has represented pilots in their New Jersey DWI cases, and he understands how important and delicate these situations are. Don’t get grounded because you hired the wrong lawyer.
Sentencing and Prior DWIs in New Jersey
Step-Down (Look-Back) Period
New Jersey’s look back period for DWIs is 10 years. Priors are broken down as follows under the law:
| Classification | Criteria |
|---|---|
| First Time Offender | Either your first DWI ever, or charged a second DWI that occurs more than 10 years after your first |
| Second Time Offender | Either your second DWI (if charged within 10 years of your first) or a third offense if 10 years after your second |
| Third Time Offender | Either a third DWI (charged within 10 years of your second) or a second if charged 10 years after your first. Regardless of how much time has passed, if you are convicted of a fourth or subsequent WI, you will always be treated under the third-offender penalties. |
New Jersey DWI Drugs Penalties
You can be arrested for DWI involving drugs if you are under the influence of any of the following:
| List of Intoxicants | Marijuana | Synthetic Marijuana (K2, Spice) | Narcotics | Hallucinogens |
|---|---|---|---|
| Bath Salts | Cocaine | Certain Prescription Drugs | Many other Substances |
| Offense | Jail Sentence | License Suspension | IDRC Detention | Fines | Surcharge |
|---|---|---|---|---|---|
| First Offense | Up to 30 Days | 7 - 12 Months | 12- 48 Hours | $300-$500 | $3500+ |
| Second Offense | 2 - 90 Days | 2 Years | 12 - 48 Hours | $500 - $1000 | $3500+ |
| Third Offense | 180 Days | 10 Years | 12 - 48 Hours | $1000 | $5000+ |
Evidence and Defenses
The penalties are severe and the charges are serious—but if you have been arrested for DWI involving drugs, there are ways to defend you against these charges. DWI drug charges normally have two main types of evidence: toxicology reports and the testimony of the arresting officer. The tests police use to determine if a driver is under the influence of drugs are called drug recognition evaluations (DRE).
Qualified and certified personnel must conduct toxicology reports according to scientific standards and procedures. If a urine or blood sample is mishandled or stored improperly, it may become contaminated. If the integrity of the sample is in doubt, it may be grounds to have that sample ruled inadmissible which may lead to a dismissal of the case.
Driving Under the Influence of Marijuana in NJ
Medical marijuana was legalized in New Jersey 2010. While a certain segment of our state’s population may now use this drug, absolutely no one is permitted to drive under its influence. If you are convicted of or plead guilty to driving under the influence of marijuana, the penalties you face will depend on what, if any, priors you have on your record within the past seven years:
| Offense | Jail Sentence | License Suspension | Fines |
|---|---|---|---|
| First Offense | Up to 30 Days | 7 - 12 Months | $300-$500 |
| Second Offense | 2 - 90 Days | 2 Years | $500 - $1000 |
| Third Offense | 180 Days | 10 Years | $1000 |
Driving under the influence of marijuana is unique from a DWI involving alcohol in that there is a very low threshold for intoxication. In order to be arrested for a DWI involving alcohol, the driver’s blood alcohol concentration must be at or above the legal limit of .08. On the other hand, any trace of THC (a chemical found in marijuana) in the driver’s bloodstream is grounds for an arrest.
NJ DWI Prescription Medication Penalties
You could be charged with DWI if you are under the influence of a prescription medication—even one that has been legally prescribed to you, including: Antidepressants & Painkillers. You may also be charged if you are impaired by an over-the-counter medication, such as: Allergy medications, Sleeping pills, or Cough syrups. If you are found guilty of driving under the influence of prescription drugs, you may face the following penalties:
| Offense | Jail Sentence | IDRC Detention | License Suspension | Fines |
|---|---|---|---|---|
| First Offense | Up to 30 Days | 12 - 48 Hours | 7 - 12 Months | $300-$500 |
| Second Offense | 2 - 90 Days | 12 - 48 Hours | 2 Years | $500 - $1000 |
| Third Offense | 180 Days | 12 - 48 Hours | 10 Years | $1000 |
Possible Defenses
In order to convict someone of a DWI involving prescription drugs, the prosecution must prove that the drug in question was in the blood stream of the accused to the extent that he or she was intoxicated by it while operating a vehicle. The prosecution normally introduces the results of forensic tests, such as urine and blood tests, as well as the testimony of the arresting officer as evidence. An experienced DWI lawyer can challenge this evidence and may be able to show flaws that can lead to an acquittal or dismissal of the case.
New Jersey DWI Under 21
New Jersey is a ZERO TOLERANCE
state for anyone UNDER 21
Underage DWI is a growing problem in New Jersey and lawmakers have responded by passing stiffer “zero-tolerance” laws. The question is, are these the right laws? Under the zero-tolerance laws, a driver under the age of 21, with a blood alcohol level of .01 or above, can be arrested and charged with a DWI.
The main problem with this is that the current testing equipment in use is not that accurate and can flag someone with a BAC number even if they did not drink. See for yourself, you can get a positive reading from simply eating white bread. For someone underage, that means a DWI charge: You can get a positive reading as a result of using hand sanitizing liquid, nail polish remover or even mouthwash. That means many young people are at risk of being falsely convicted of DWI and having that crime hold them back from a bright future. Zero-tolerance may sound good in theory, but until the technology gets there.
New Jersey state law covers a wide range of alcohol-related offenses for minors. A driver under the age of 21 could be charged with the following:
| BAC | Jail Sentence | License Suspension | Community Service | IDRC Detention | Fines | Surcharge |
|---|---|---|---|---|---|---|
| .01 - .079% | Not Applicable | 30 - 90 Days | 15 - 30 Days | Required | Possible | Possible |
| 0.08 - 0.99% | Up to 30 Days | 3 Months | Not Applicable | 12 - 48 Hours | $250-$400 | $3000+ |
| 0.10 or Higher | Up to 30 Days | 7 to 12 Months | Not Applicable | 12 - 48 Hours | $300-$500 | $3000+ |
Under 21 Possession or Consumption of Alcohol in a Motor Vehicle
| License suspension | Fines | |
|---|---|---|
| Under 21 Possession or Consumption of Alcohol in a Motor Vehicle | 6 Months | $500 |
Penalties
A DWI conviction early in life can trigger a number of consequences that can impact important aspects of a young person’s future, such as:
| Education | Employment | Insurance |
|---|---|---|
| Colleges and universities commonly perform background checks, and a DWI conviction may result in the denial of an application for enrollment or a scholarship. | Employers may be hesitant to hire someone with a DWI on their record. | Car insurance companies may deny coverage altogether for young adults with a DWI. If coverage is offered, the rates will be extremely expensive. |
Defending an Under 21 DWI Case
There are many defenses available for underage DWI cases in New Jersey. One of the main defenses is the low threshold of 0.01% BAC. Many natural and artificial substances can cause a breath test to register a low BAC reading. An experienced DWI attorney will know what defenses are suitable after a thorough review of your case. Click Here to schedule the thorough review of your case.
New Jersey DWI Accident Causing Death
If you are involved in an accident that results in the death of another person, you may be charged with death by auto, a second degree crime in New Jersey. If you were intoxicated at the time of the accident, you could also face DWI charges—and the associated penalties if you are convicted.
Second degree offenses are punishable by five to 10 years in prison. In the case of a DWI accident that results in a death, a conviction will also result in a loss of license for a period of five years to life.
Vehicular Homicide
In a death case, the state needs to establish that not only was the driver the cause of the accident, but that his acts were reckless. The court will presume recklessness if there is evidence that the driver was under the influence of alcohol or drugs at the time of the accident.
Defenses to Vehicular Homicide Cases
One of the most effective ways to mount a defense in a vehicular homicide case is to attack the DWI charge. If your defense attorney is able to show that you were not, in fact, intoxicated at the time the accident occurred, the charges against you could be reduced.
Strict Liability Vehicular Homicide
In 2017, the New Jersey Legislature recognized the difficulty in prosecuting Vehicular Homicide Cases, and created a new Strict Liability Vehicular Homicide Caused by DWI. Under this new law, the state does not have to prove that you were the cause of the accident casing death. The State only needs to prove that you were behind the wheel and intoxicated. In other words, that DWI was the cause of the accident…even if you were not at fault.
This is a Third-degree crime, but unlike other third degree crimes, where prison is not mandatory, this offense carries a minimum three-years in prison.
New Jersey Accident Causing Injury
If there was an accident causing injury, the driver could be charged with a separate crime of aggravated assault by auto even if you did not intend to injure somebody. The mere fact that you may have been reckless when you caused that accident is enough to charge you with the aggravated assault by auto. The prosecution must prove the following elements:
- The defendant was under the influence of alcohol or drugs
- The defendant was either physically or legally intoxicated.
New Jersey does not have a per se drug amount, but in an accident causing serious bodily injury or even death , officers would order an analysis to determine how much of a drug was in the defendant’s system.
Penalties
| Jail Sentence | Degree of Crime |
|---|---|
| Up to 18 Months | Fourth Degree |
| Jail Sentence | Degree of Crime |
|---|---|
| 5 - 10 years | Second Degree |
New Jersey DWI & Job Loss
One of the most common concerns people have when facing a DWI is how a DWI will impact their career. While the answer will vary from person to person, it is something that you should be thinking about and planning for. People do lose their jobs because of the complications a DWI can produce.
Your license will be suspended if you are convicted of DWI. If your job involves a lot of driving, your employer may let you go you if you are not able to perform all of your duties at work. CDL drivers are especially at risk for termination. If you are a licensed professional such as a teacher, nurse, or doctor, you may face disciplinary action.
Military personnel and police officers can even be suspended for DWI violations. A DWI can also affect your ability to land a job in the future. A DWI conviction will remain on your permanent record, which is visible on background checks. Drunk driving carries a heavy social stigma and may cause an employer to reject your application.
New Jersey DWI in a School Zone
The state of New Jersey has enhanced penalties for DWI violations that occur in a school zone. Under New Jersey law, a school zone is:
- Any property owned by or leased to an elementary school, secondary school or school board that is used for school purposes
- A radius of 1,000 feet from school property
- A designated school crossing
- A school crossing that is not designated but that children or minors are using at the time of a violation
The wide 1,000-foot range included in this definition means that school zones are expansive. For example, school zones may also include athletic fields, which may be far from the main campus; however, since they are owned by the school, the fields and the 1,000-foot areas surrounding them fall under this definition.
Penalties for a School Zone DWI
If you are convicted of driving while intoxicated in a school zone, the penalties may include the following:
| Offense | Jail Sentence | License Suspension | Fines | Surcharge |
|---|---|---|---|---|
| 1st Offense | 60 Days | 1 - 2 Years | $500-$800 | $3500+ |
| 2nd Offense | 4 - 180 Days | 4 Years | $1000-$2000 | $3500+ |
| 3rd Offense | 180 Days | 20 Years | $2000 | $5000+ |
DWI with Minor in the Vehicle
If you are charged with a DWI in New Jersey, and there is a minor in the car, you face serious consequences. If you are the parent or guardian of that minor, you can be charged with a criminal offense for child endangerment. The penalties for DWI with a minor in the vehicle are in addition to those that will be imposed if you are convicted of a DWI. They include:
- Additional license suspension
- Jail sentence
- $1,000 fine
- Maximum five days of community service
If there is an injury or accident, the driver could be charged with endangering the welfare of a child—a third degree crime, punishable by three to five years in state prison and a fine of up to $10,000.
New Jersey Federal DUI / DWI Defense
Penalties for a Federal DUI
There are two types of federal DWI offenses: those committed on lands managed by the National Park Service and those committed on other lands, such as military bases.
| Lands Administered by the National Park Service | Federal Lands not Administered by the National Park Serivce | Note: In some cases, if the offense is committed on a military base, additional penalties may apply. |
|---|---|
| Up to 6 Months in Federal Prison and Up to $5000 in Fines | Prevailing New Jersey State Law |
Federal DWI cases are handled as bench trials in federal courts. A conviction will be recorded on your federal criminal history. There is no possibility for expungement unless the President of the United States pardons you.
New Jersey Commercial Driver DWI
Commercial driver’s license holders face harsh penalties for a DWI conviction in New Jersey. If you are a CDL holder, even a first-time DWI offense could render severe consequences—including the loss of your career. Many trucking companies are hesitant to offer work to someone who has a drunk driving conviction. According to New Jersey state law, a CDL driver can be charged with DWI if he or she:
- Operates a private vehicle while having a BAC of 0.08% or higher
- Operates a commercial vehicle while having a BAC of 0.04% or higher
- Operates a vehicle while under the influence of a controlled substance
- Refuses to submit to a chemical test
Penalties for a First Offense CDL DWI
| Description | BAC | Jail Sentence | License Suspension | IDRC Detention | Fines | Surcharge |
|---|---|---|---|---|---|---|
| Normal DWI | .08-.099 | Up to 30 Days | 3 Months | 12- 48 Hours | $250-$400 | $3500+ |
| High Rate or Refusal | .10+ | Up to 30 Days | 7 - 12 Months | 12 - 48 Hours | $300-$500 | $3500+ |
| Controlled Substance | N/A | Up to 30 Days | 7 - 12 Months | 12 - 48 Hours | $300-$500 | $3500+ |
| CDL Suspension | CDL Suspension for Violation in a HAZMAT Vehicle | |
|---|---|---|
| Additional CDL Penalties | 1 Year | 3 Years |
Penalties for a Second Offense CDL DWI
| Description | Jail Sentence | License Suspension | IDRC Detention | Fines | Surcharge |
|---|---|---|---|---|---|
| Normal DWI | 2 - 90 Days | 2 Years | 12 - 48 Hours | $500-$1000 | $3500+ |
| CDL Suspension | |
|---|---|
| Additional CDL Penalties | Lifetime Suspension |
NJ DWI with CDL Commercial Driver’s License
Did you know that a second DWI conviction for NJ truck drivers could mean losing your CDL license for LIFE? Yes life! Add to that fines, jail time, and additional penalties. It does not make a difference whether the DWI truck driver was driving the commercial truck or his own personal car at the time of the arrest. The penalty is the same.
Loss of CDL = Loss of Employment
This applies to any Commercial Driving License holders who operate vehicles such as busses, tractor-trailers, vehicles hauling hazardous materials, etc. Therefore the stakes are high for CDL with DWI. The legal limit of Blood Alcohol Content for truck drivers is .04% which is half of the normal limit which is .08% as stated according to NJ State Law under N.J S. 39:3-10.13. Even for a CDL holder’s first DWI offense the penalties are substantially greater than those for a non-CDL holder. For example, the minimum drunk driving license suspension for a first offense is 3 months. But for a CDL holder it is one-year. Furthermore, it is possible that that a CDL holder could be subjected to double penalties for a single DUI conviction
After all that, if a person is caught driving a commercial vehicle while one’s CDL is suspended or taken away by the MVC, may face fines of up to $5,000 and a 90 day jail term. Recently, numerous arrests were made in NJ for presenting false identities to obtain driver’s licenses, including those of truck and bus drivers who lost their licenses due to DWI convictions.
A CDL holder will be punished the same way no matter if the DWI occurred in a commercial or non-commercial vehicle. So even if you were driving a private vehicle, your CDL will be suspended for one year upon a first-time DWI conviction – no questions asked.
New Jersey Pilots & DWI
If you hold an aircraft pilot’s license, you understand the rigorous testing and hours of flight time involved in obtaining licensure. Now imagine all your hard work being unraveled by a single mistake. If you are convicted of DWI in New Jersey, that is exactly what could happen.
If you are convicted of DWI, you face the real risk of having your professional pilot’s license suspended or revoked, depending on your previous disciplinary history and criminal record. A license suspension or revocation could jeopardize your career and your future. Additionally, the FAA has special reporting requirements for pilots, and if you fail to report an arrest for DWI within the allotted time period, your license could be suspended—even if you are found not guilty.
Provisional Licenses or Work Permits
It is important to understand that because New Jersey DOES NOT OFFER any type of provisional licenses, you will be unable to drive in any capacity while your driver’s license is suspended. Without a drivers license, you will not be able to drive to work, take your kids to school or even run errands. Driving with a suspended license could result in very serious consequences.
No Criminal Record
Unlike many other states, DWI is not a crime in New Jersey. Under our laws, it is considered a motor vehicle violation. Because DWI is not a crime, it differs from other serious offenses in a number of ways. Perhaps the biggest benefit is that a conviction will not result in a criminal record, no matter how many prior offenses you may have. Instead, each conviction will only appear on your driving record.
No Plea Bargains
On the other hand, there is little leeway with DWI sentencing. In fact, judges in DWI cases are required to adhere to statutory requirements when sentencing individuals who are convicted of DWI. This means that there are no plea bargains, no temporary licenses, no sentencing alternatives and no probation.
Although DWI is not considered a crime in New Jersey, it is still a serious offense that can result in life-changing penalties, expensive fines and even the loss of your driver’s license.