Driving while intoxicated (DWI) is a serious offense in New Jersey, and can result in significant fines, penalties, and legal consequences. If you have been arrested for a DWI in New Jersey, it is crucial to seek the advice of an experienced DWI attorney who can help you understand your legal rights, evaluate the evidence against you, and develop a strong defense strategy to minimize the fines and penalties you may face.
First Offense DWI Penalties in New Jersey
Under New Jersey Law, if an offender’s BAC is 0.08% or higher, but less than 0.10%, OR if an offender permits another person with a BAC over 0.08%, but less than 0.10% to operate a motor vehicle, the penalties are as follows:
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- A fine of $250-$400: A fine up to $400 is the maximum amount that can be imposed for a first offense DWI in New Jersey. However, there may be additional court costs and fees that you will be responsible for paying.
- A surcharge of $1,000 per year for three years: The surcharge is assessed by the New Jersey Motor Vehicle Commission (MVC) and is intended to help fund programs to combat drunk driving.
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- Imprisonment for up to 30 days
- A license suspension of three months to one year
- Drivers license forfeiture until ignition interlock is installed: An interlock device may be required to be installed for three months – one year.
If the offender’s BAC is 0.10% but less than 0.15%, or permits another person with a BAC of 0.10% but less than 0.15% to operate a motor vehicle, the penalties are as follows:
- A fine of $300-$500
- A surcharge of $1,000 per year for three years: The surcharge is assess by the New Jersey Motor Vehicle Commission (MVC) and is intended to help fund programs to combat drunk driving.
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- Drivers license forfeiture until ignition interlock is installed: An interlock device may be required to be installed for seven months – one year.
- Imprisonment for up to 30 days
**Offenders with a BAC of 0.15% or higher must install an ignition interlock device in their vehicle during the license suspension period of 4-6 months and for a period of 9-15 months after license restoration.**
Second Offense DWI Penalties in New Jersey
If you are convicted of a second DWI offence within 10 years of your first offense, you may face even more severe penalties, including:
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- A fine up to $1,000
- A surcharge of $1,000 per year for three years
- A minimum of 48 hours of jail time (up to 90 days)
- A license suspension of two years
- Installation of an ignition interlock device for a period of license suspension and 2-4 years after license restoration
Third Offense Penalties in New Jersey
If you are convicted of a third DWI offense, you may face the following penalties:
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- A fine up to $1,000
- A surcharge of $1,500 per year for three years
- A minimum of 180 days in jail (up to 364 days)
- A license suspension up to 10 years (you may be eligible for a hardship license after 2 years)
- 30 days community service
- Installation of an ignition interlock device for a period of license suspension and 2-4 years after license restoration
Additional Penalties
In additional to the fines and penalties listed above, a DWI conviction in New Jersey may also result in other consequences, including:
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- Increased insurance rates: A DWI conviction can significantly increase your auto insurance rates, as you may be considered a high-risk driver. This can result in higher premiums for many years to come, making it much more expensive to own and operate a vehicle.
- Difficulty finding employment: A DWI conviction may make it difficult to find employment, especially in jobs that require driving or have strict background check requirements.
- Difficulty obtaining a professional license: A DWI conviction may also make it difficult to obtain certain professional licenses, such as those for healthcare of education.
- Forfeiture of your vehicle: In some cases, a DWI may result in the forfeiture of your vehicle, especially if it was used in the commission of the offense.
A DWI conviction in New Jersey can have serious and long-lasting consequences. If you have been arrested for a DWI in New Jersey, please contact Colacci Law Firm. With the help of an experienced DWI attorney, you may be able to avoid severe consequences by protecting your future opportunities and financial stability.