| New Jersey DUI and DWI law is very unique from the | | | | license suspension or revocation penalty. |
| other states in the U.S. However, driving under the | | | | New Jersey DUI Criminal Penalties |
| influence and driving while intoxicated are still against | | | | There are several penalties that the court can impose |
| the law, making it an offense to operate a motor | | | | for a DWI conviction. They increase with each offense |
| vehicle while under the influence of alcohol or drugs. | | | | and vary based on the circumstances. The look-back |
| Because this offense is a crime, there are serious | | | | period is in New Jersey, so the way an offender is |
| criminal penalties that can be imposed if you are | | | | charged will depend on the number of offenses he or |
| convicted of DWI or DUI. These criminal penalties can | | | | she has committed and the time span in which these |
| cause a loss of your freedom and lead to a difficult | | | | offenses were committeed. The penalties for a first |
| time maintaining employment and keeping your name in | | | | offense are fines of $250 to $400, $30 in court costs, |
| good standing within your community. If you have been | | | | $50 to the violent crimes compensation board, $75 to |
| arrested for a DWI or DUI offense in New Jersey, it is | | | | the safe neighborhood fund assessment, $200 DWI |
| important that you contact a skilled New Jersey DUI | | | | surcharge, 12-48 hours of alcohol education, up to 30 |
| lawyer who will have the knowledge, skills, and | | | | days in jail, a restoration fee of $100, an MVC |
| experience to successfully defend you in a DWI or DUI | | | | surcharge of $3,000, and separate insurance |
| case. | | | | surcharges. The court may also require an offender to |
| New Jersey Drunk Driving Arrests | | | | have an ignition interlock device installed on any vehicle |
| When you arrested for a DWI or DUI offense in the | | | | that they drive for up to 3 years after the restoration |
| state of New Jersey, there are two ways that you | | | | of the offender's driver's license. If the DWI occurs in a |
| can be prosecuted for such an offense. This is similar | | | | school zone, the penalties are a one to two year loss |
| to the DWI and DUI laws in many other states. The | | | | of license, fines of $500 to $800, jail time of up to 60 |
| traditional DWI/DUI is when the prosecutor will attempt | | | | days, and the other fines and penalties that are |
| to prove that a driver was under the influence. In this | | | | normally associated with a first DWI offense. A |
| type of case, the prosecutor may introduce evidence | | | | second DWI offense carries penalties of $500 to |
| of driving patterns, driver appearance, and field | | | | $1,000, 30 days of community service, 48 hours to 90 |
| sobriety test results to try to prove that the defendant | | | | days of jail time, $30 in court costs, $75 to the safe |
| was driving while under the influence. The other way a | | | | neighborhood fund, $50 to the violent crimes |
| driver can be prosecuted is under the "per se" law. | | | | compensation board, a $200 DWI surcharge, 48 hours |
| This law exists in many states and has nothing to do | | | | of alcohol education, a restoration fee of $100, a MVC |
| with the level of impairment of a driver. This means | | | | surcharge of $4,500, separate insurance surcharges, |
| that the prosecutor will use the defendant's blood | | | | and mandatory installation of an ignition interlock device |
| alcohol concentration test to show that they were in | | | | in any vehicle that the offender owns for the length of |
| violation of the law. This will occur if the results of the | | | | the two year suspension period. Committing a second |
| test show the driver's blood alcohol concentration level | | | | DWI offense in a school zone results in a fine of |
| to meet or exceed the legal limit of 0.08%. If you | | | | $1,000 to $2,000, 60 days of community service, |
| refuse chemical testing, you will face even stiffer | | | | mandatory jail time of 96 hours up to 180, and other |
| criminal penalties as well as the loss of your driving | | | | penalties usually associated with a DWI offense. The |
| privileges. If you are under 21 and have a blood alcohol | | | | penalties for a third DWI offense are harsher. There is |
| level of 0.01% or greater at the time of your arrest, | | | | a $1,000 fine and a mandatory jail term of 180 days in |
| you will also face serious consequences. | | | | jail. You will have to pay $30 in court costs, $50 to the |
| Unlike other states, a jury trial is not an option in DWI | | | | violent crimes compensation board, $75 to the safe |
| cases in the state of New Jersey. Instead, a court trial | | | | neighborhood fund, and a $200 DWI surcharge. You |
| is conducted and a judge determines whether you are | | | | will also be required to attend 12 hours of alcohol |
| guilty or not guilty of a DWI offense. Unlike other | | | | education classes, pay a restoration fee of $100, pay |
| states, you have a second opportunity to be found not | | | | an MVC surcharge of $4,500, pay separate insurance |
| guilty of the DWI offense. If you lose your court trial, | | | | charges for a three-year period, and have an ignition |
| you may request an appeal. Your case will be | | | | interlock device installed on any vehicle you own |
| transferred to the Superior Court's Law Division and a | | | | following 3 years of license restoration. If you |
| new judge will review the record. Attorneys will | | | | committed the DWI offense in a school zone, you will |
| discuss the facts of your case and any laws that | | | | have to pay a $2,000 fine and comply with all of the |
| should apply. New Jersey is also unique because the | | | | other penalties normally imposed for a third offense. |
| driver licensing agency does not have a hearing or | | | | These penalties are serious, so it is important that you |
| seek to suspend a driver's license due to a DWI arrest. | | | | take DWI charges seriously. Contact a New Jersey |
| The offender's driver's license will not be suspended | | | | DUI attorney as soon as possible to preserve your |
| unless he or she is convicted and the court imposes a | | | | rights and have the best chance for being successful. |