PENALTIES FOR DRUNK DRIVING IN NEW JERSEY

PENALTIES FOR DRUNK DRIVING IN NEW JERSEY

The flashing lights come up behind you.  You feel your stomach turn inside out as you start to pull over.  You ask yourself how many did I have tonight?  I’ve done this before. I know I’m fine to drive.  The officer says he can smell alcohol on your breath and you are outside your vehicle performing a field sobriety test.  He says you failed and you are hauled off in handcuffs and arrested for DWI in New Jersey. Will this be on my record? How will I get to work?  Will I lose my job?

The above description is an all too common occurrence in New Jersey.  Driving drunk costs lives.  Even if you are fortunate enough not to injure yourself or anyone else, the penalties and fines for driving drunk in New Jersey are severe.  The most common question I get from DWI clients is what will happen to me if I am convicted.

The penalties for driving while intoxicated in New Jersey depend on how much you’ve had to drink and whether you have any prior DWIs. Enhanced penalties do exist for driving drunk in certain areas such as a school zone, causing an accident, or driving drunk with a child in the vehicle. Typically, those types of DWIs are criminally charged.  This blog post is limited to the fines and penalties issued by the Municipal Court or Motor Vehicle Commission in a standard driving while intoxicated charge in violation of N.J.S.A. 39:4-50.

First Offense

The law explains that for a first offense, or no prior offense within the last 10 years, a person who has a blood alcohol content of .08% or .09% is subject to a fine of $250 to $400, 12-48 hours in the Intoxicated Driver Resource Center which is basically drunk driving school, up to 30 days in jail, and suspension of their driving privileges in New Jersey for 3 months. Finally, the Court has discretion to require the installation of an interlock device for a period of 6 months to 1 year.  The Motor Vehicle Commission will assess $1,000 in surcharges for 3 years.

If a person’s blood alcohol content is between .10% and .14% the fine will be between $300 and $500, 12-48 hours in IDRC, up to 30 days in jail, and suspension of driving privileges in New Jersey for a period between 7 months and 1 year.  Again, the Judge has discretion to impose the interlock device for 6 months to 1 year. The Motor Vehicle Commission will assess $1,000 in surcharges for 3 years.

If a person’s blood alcohol content is .15% or higher the fines will be between $300 and $500, 12-48 hours in IDRC, up to 30 days in jail, and suspension of driving privileges in New Jersey for a period between 7 months and 1 year.  This is the same fines, period of IRDC, and suspension as when the BAC is between .1% and .14%, however when the BAC is .15% or higher then the Court must require the installation of the interlock device. The Motor Vehicle Commission will assess $1,000 in surcharges for 3 years.

Second Offense

In New Jersey, a DWI counts as a second offense if it is within 10 years of a first DWI or within 10 years of a conviction for Refusing to Submit to a breath test in violation of N.J.S.A. 39:50.4a.  Quite appropriately the penalties and fines are increased compared to a first offense. Jail will be imposed. The law requires, that a person convicted of a second DWI will be fined between $500 and $1,000, have to perform 30 days of community service, serve at least 2 days and up to 90 days in jail, and lose their driving privileges in New Jersey for 2 years. The interlock device will be required.

Third Offense

Three or more DWIs subject the driver to $1,000 in fines, mandatory jail of at least 180 days, drug or alcohol rehab, and loss of driving privileges for 10 years.  Once the driving privileges are restored the interlock device must be installed.  If the third offense occurs within three years of the first offense then the MVC surcharges increase to $1,500 for three years, otherwise they are $1,000 for three years.

Driving drunk in a very serious offense that carries tremendous risk.  The fines and penalties are severe.  If you or a loved one is facing a charge of DWI contact the attorneys at Roberts & Teeter today at 732-325-0814. WWW.CENTRALNJLAWYERS.COM