New Jersey DWI/DUI Penalties

Driving while intoxicated (DWI) and driving under the influence of CDS constitute very serious offenses in New Jersey. The consequences of driving while intoxicated, as well as driving under the influence of CDS include personal injuries, property damage, and even death. As a result, New Jersey has some of the strictest laws in the United States of those convicted of DWI/DUI charges; the severe penalties are intended to deter drivers from getting behind the wheel after drinking or while under the influence of controlled dangerous substances.

First Offense – DWI

In most states, driving while intoxicated is a crime. In New Jersey there are neither misdemeanors nor felonies. New Jersey takes the position that an offense for driving while intoxicated (as well as DUI) is a “quasi-criminal” offense, which means that there is a potential for incarceration, which becomes mandatory on the third or subsequent offense for a DWI, under most circumstances.

In New Jersey, DWIs are segregated by tiers. If an individual’s blood alcohol is at least .08%, but less then .10% then there is a presumption of intoxication at that level of reading resulting in, upon conviction or a guilty plea:

• A license suspension of 3 months
• A fine of $250 to $400
• A fee of $230 to the Intoxicated Driver Resource Center (IDRC)
• A fine of $100 payable to the Drunk Driving Fund
• A fine of $100 to the Alcohol Education and Rehabilitation Fund (AERF)
• A surcharge of $1,000/year for 3 years imposed by the NJMVC, which is a law applicable to all out of state drivers
• A $75 fee to the Neighborhood Services Fund
• A prison term of up to 30 days, which can be suspended
• A mandatory 12 to 48 hours on 2 consecutive days in an IDRC program
• Additional surcharge of $100.00
• Possible installation of an alcohol interlock device for 6 months to 1 year

If an individual is convicted of a DWI first offense with a blood alcohol level of .10% or higher the following penalties, in addition to the above, apply:

• A license suspension of at least 7 months or up to a year
• A fine of $300 to $500 (rather than the $250 to $400 fine)
• If an individual is a first time offender with a blood alcohol reading of .15%, upon conviction or plea of guilty, an Alcohol Interlock Device must be installed )

New Jersey DUI Penalties

An individual who is driving and who from urine or blood is determined to have tested positively for any amount of a narcotic, hallucinogenic, or habit forming drug will incur a mandatory license suspension of a minimum of 7 months and will be required to pay a drug enforcement penalty of $500 together with other additional fines and surcharges.

It should be noted there are no restrictive licenses, which means that a New Jersey resident is never entitled to travel to and from work once the court imposes a mandatory license suspension.

Repeat Offenders

An individual who pleads guilty or is found guilty of a second or subsequent DWI offense within ten years of a prior offense is subject to increased penalties including:

• A mandatory minimum suspension of driving privileges of two years
• A suspension/revocation of all registrations of title owned by that individual
• A fine of between $500-$1,000
• A $280 IDRC fee and must satisfy all IDRC requirements
• A potential prison time of 48 hours-90 days, which may be suspended in the discretion of the courts
• Community service of 30 days together with the additional penalties as set forth above for a "first offense"
• Mandatory installation of an alcohol interlock device on any car owned by the defendant for 1 to 3 years or 2 year suspension of registration privileges

Third or Subsequent Offenses

An individual who is found guilty or pleads guilty to a third or subsequent DWI offense within 10 years of the second offense or DWI Refusal incurs the above penalties as set forth above for "repeat offenders" as well as:

• A mandatory minimum license suspension of 10 years
• A minimum fine of $1,000
• A surcharge of $1,500 a year for 3 years
• A mandatory prison time of 180 days, 90 days of which can be served in in-patient facility, however the first 90 days must be served immediately in the county jail
• Community service of up to 90 days, a $280 IDRC fee and must satisfy all IDRC requirements
• Suspension/revocation of all registrations of title owned by the defendant for 10 years and mandatory installation of Alcohol Interlock Device for 1 to 3 years

As indicated above, driving while intoxicated and driving under the influence of CDS are serious offenses with serious consequences under New Jersey law. Since these offenses are considered essentially motor vehicle, “quasi-criminal” offenses, neither plea bargaining, nor merger of offenses is permitted in New Jersey. In essence, there are minimum mandatory fines, penalties, and potential incarceration for which the court has no discretion to change.

It requires an experienced trial attorney to navigate through all these complex issues to protect an individual’s constitutional rights. My law firm has been representing defendants in all municipal/town courts as well as in Superior Court for criminal offenses for more than 24 years and can provide each client with the necessary guidance and strategy to properly defend these matters.