Penalties for a New Jersey DWI Conviction

  • Dan T. Matrafajlo
  • Sat Nov 2020
  • DWI,
  • 0

drunk driving accidentsJust because you have been arrested for drunk driving in New Jersey, it doesn’t mean you will be convicted on the charges. Although the state is committed to aggressively prosecuting individuals charged with DWI, there is still hope for building a strong defense. To protect your legal rights and ensure a strong defense, it is important to immediately seek the legal advice of an experienced New Jersey DWI attorney.

Penalties for Driving While Intoxicated

New Jersey law does not distinguish between a charge of driving while intoxicated and driving under the influence of drugs. Both charges are in violation of New Jersey’s driving under the influence or driving while impaired law specifically, N.J.S.A. 39:4-50.

The punishment under N.J.S.A. 39:4-50 for either conviction can differ based on the specific facts of the case. The penalties for a DUI/DWI can range from losing your license for 3 months to 10 years. There can also be a range for the accompanying fines, surcharges, jail time, and community service.

Fines and Penalties for a First-Time DWI Offense in New Jersey

Under N.J.S.A. 39:4-50 a first DWI offense carries the following fines and penalties:

1st Offense DWI 0.08% to 0.09%
– Jail time: Imprisonment for up to 30 days
– IDRC: A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center. The driver may also have to pay an IDRC fee of $230.
– Fine: A fine of $250 to $400
– Surcharge: An automobile insurance state surcharge of $1,000 per year for 3 years.

1st Offense DWI 0.10% and Greater
– Jail time: Imprisonment for up to 30 days
– IDRC: A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center. The driver may also have to pay an IDRC fee of $230.
– Fine: A fine of $300 to $500
– Surcharge: An automobile insurance state surcharge of $1,000 per year for 3 years.
– Ignition interlock device. Required to install an IID in one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months after license restoration.

Fines and Penalties for a Second-Time DWI Offense in NJ

Fines and penalties for a second driving while intoxicated offense is the same regardless of the driver’s BAC:

– Imprisonment of at least 48 consecutive hours, and up to 90 days
– Minimum of 1-year and up to 2-year license suspension
– Completion of evaluation, referral and program requirements of the IDRC
– A fine of $500 to $1,000
– 30 days of community service
– An automobile insurance state surcharge of $1,000 per year for 3 years.
– Installation of an IID for a period of license suspension and 2 years to 4 yeas after license restoration.

Fines and Penalties for a Third-Time New Jersey DWI Offense

Fines and penalties for a third driving while intoxicated offense includes:

– A fine of $1,000
– Imprisonment of 180 days except the court may lower such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC
– 8 year license suspension n 30 days of community service
– Completion of evaluation, referral and program requirements of the IDRC
– An automobile insurance surcharge of $1,500 a year for 3 years
– Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration

Call Us

If you have been arrested and charged with driving while intoxicated or driving under the influence in violation of N.J.S.A. 39:4-50, you can count on the experienced and knowledgeable New Jersey DWI attorneys at Beninato & Matrafajlo Attorneys at Law, LLC to get protect your legal rights.

Call us at 908-355-7100 to schedule a complimentary consultation with one our driving while intoxicated lawyers today.

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