New Jersey DWI Penalties

Possible Consequences of Getting a DUI

If you have been charged with driving while intoxicated (DWI) in New Jersey, you could be facing a license suspension, possible jail time, an ignition interlock requirement, fines and other serious penalties, even if you have a good driving record. Depending on the facts of your case, you may even be subject to a potential jail sentence.

If you are looking for a lawyer to defend you against New Jersey DWI penalties, don’t hesitate to contact me, attorney John W. Tumelty, for a free consultation. I have 30 years of experience in criminal and DWI law. I am a former deputy attorney general with the New Jersey Division of Criminal Justice and former assistant prosecutor with the Atlantic County Prosecutor’s Office. I am a New Jersey Supreme Court-certified criminal trial attorney. I represent clients who have been charged with DWI/DUI throughout South Jersey, from Atlantic City to Cape May.

Understanding the Potential Consequences of a DWI Conviction

New Jersey takes drunk driving very seriously. Over the years, many penalties have been put in place for people convicted of DWI, and many of them have been made mandatory. The following are the major penalties you are facing if you have been charged with DWI:

• Driver’s license suspension: Being convicted of DWI in New Jersey can result in suspension of your driver’s license. For first-time offenders with an alcohol content in the low- to mid-level range, this suspension may be only until an ignition interlock device has been installed. For higher levels of blood alcohol content or repeat offenses, the suspension can last months or even years. The length of a license suspension depends on your driving record and whether you have prior DUI convictions.
• Prison: If you are convicted of DWI for the first time, the judge will have the discretion to send you to jail for up to 30 days. For a second offense, a jail term of at least two days and up to 90 days is mandatory. A third offense carries a 180-day sentence.
• Community service: In addition to a jail sentence, you can also be sentenced to community service for a second, third or subsequent DWI conviction.
• Alcohol classes: Anyone convicted of DWI must attend between 12 and 48 hours of Intoxicated Driver Resource Center (IDRC) classes at the judge’s discretion.
• Fines: The fines, fees and surcharges associated with a DWI conviction and the accompanying driver’s license consequences can range from $3,755 to $6,055.
• Ignition interlock requirement: An ignition interlock requirement is mandatory if your blood alcohol level is .15 percent or higher or if you are looking at a second or subsequent offense. This means that you may have to have a device installed on your vehicle once your driving privileges are reinstated.
• Fines: The fines associated with a DWI conviction in New Jersey can range from $250 to $1,000 per offense, depending on the level of alcohol in your blood and your history of prior DUI offenses. These fines are separate from other financial penalties, such as fees and surcharges, that you can face. 
• Ignition interlock requirement: An ignition interlock device measures the alcohol on your breath before you’re able to start the car. Interlock device requirements both during and for a period following license suspension are common when convicted of a DUI in New Jersey. Installing such a device before you have even been convicted, combined with meeting other requirements, may allow you to get fines waived and reduce the term of your license suspension.

If you are arrested in a school zone, some or all of these penalties can be doubled. While DWI is not considered a criminal offense in New Jersey, it can still leave a major mark on your driving record, potentially causing your insurance rates to increase dramatically.

Recent Legal Changes to New Jersey’s DUI Penalties 

Laws evolve, and so do the penalties the state imposes upon a DUI conviction. A number of legislative changes in recent years have altered how these penalties are imposed and the opportunities that may be available to you when accused of a DUI offense.

First-Offense DUI Penalties in NJ

For first-time offenders, New Jersey law establishes separate penalties based on BAC level. Offenders with all BAC levels are subject to certain financial penalties and costs, including: 

• DWI surcharge ($125) 
• Drunk Driving Enforcement Fund (DDEF) surcharge ($100)
• Assessments ($6)
• Court costs (up to $33) 
• Safe Neighborhood Services Fund (SNSF) ($75)
• Victims of Crime Compensation Office (VCCO) ($50) 

Additionally, first offenders at all BAC levels can be required to complete 12 to 48 hours of an Intoxicated Driver Resource Center (IDRC) course at their own expense. 

Although not mandatory, a jail sentence of up to 30 days could be imposed for a DWI/DUI in New Jersey. 

Low-BAC Levels (0.08% to less than 0.10%)

In addition to the consequences listed above, first offenders in the lowest tier of BAC levels are generally fined $250 to $400 for a DUI. 

They are subject to an ignition interlock device installed in their principal vehicle for three months and the loss of their driving privileges until the interlock is installed. 

Mid-BAC Levels (0.10% to less than 0.15%)

With a mid-level BAC, fines increase to the range of $300 to $500. 

While driving privileges are again suspended until the interlock is installed, the ignition interlock is required in the principal vehicle for a period of seven months to one year. 

High BAC Levels (0.15% or above) 

In the highest tier of BAC level, fines remain in the $300 to $500 range. Driving privileges can be suspended for three months. You must have an interlock device in the principal vehicle for 12 to 15 months following license restoration. 

Second-Offense Consequences of a DUI

For a second offense, regardless of your BAC, you can be fined $500 to $1,000 for a DUI in New Jersey. The $125 DWI surcharge, $100 DDEF surcharge, $6 assessments, up to $33 of court costs, $75 SNSF cost, and $50 VCCO cost also apply. 

IDRC course requirements are usually 48 hours but may differ according to treatment classification. 

For a second offense, you could face jail terms of two days to 90 days, although the court may authorize serving two days in IDRC instead. 

Following a second offense, you could lose your driving privileges for one to two years. You will be required to have an interlock device installed in your principal vehicle for this period plus two to four years after your license is restored. 

Penalties for Third and Subsequent DUI Offenses

Subsequent DUI offenses impose higher fines, longer jail times, and longer losses of driving privileges. The $125 DWI surcharge, $100 DDEF surcharge, $6 assessments, $33 court costs, $75 SNSF cost, and $50 VCCO cost still apply. 

The fine for a third or subsequent offense can amount to $1,000. Defendants could face a jail term of six months, up to 90 days of which may be served in an in-patient IDRC program. 

An eight-year loss of driving privileges, plus interlock ignition in the principal vehicle for the duration of this period and an additional two to four years, can also result. 

Getting Fees Waived and Suspensions Shortened

There are certain protections built into the law through which knowledgeable defendants can help mitigate the impact of the DUI charge. Understanding these laws and the procedures you need to follow is important. 

If your license was in good standing at the time of the alleged violation and remains so through the date of conviction and you pre-install an ignition interlock device before a conviction, you may be able to have the fine waived, even for a third or subsequent offense. As long as the offense did not involve an accident that caused serious bodily injury to anyone else, meeting these requirements can also help you shorten the duration of your license suspension. For every two days the device has been installed, you can receive a credit of one day against the loss of your license. 

Having experienced New Jersey DUI lawyers on your side ensures you fully understand your legal rights and what steps may be able to benefit you.

As your lawyers, we will carefully evaluate your opportunities for avoiding these penalties. Depending on the facts of your case, you may have defenses against the charges, or it may be possible to get them reduced to a lesser offense like reckless driving. Contact us today at 609-390-4600 to discuss your options.