Call Now For FREE Consultation
Office: (973) 994-3732
Cell: (201) 404-8990

New Jersey Law Summary

WHAT IS PROHIBITED?

A Defendant can be convicted of New Jersey DWI (N.J.S.A. 39:4-50) if the State proves beyond a reasonable doubt that he was:

A Defendant can be convicted of New Jersey DWI (N.J.S.A. 39:4-50) if the State proves beyond a reasonable doubt that he was:

  1. Operating a motor vehicle with a blood alcohol concentration (B.A.C.) of 0.08% or more by weight of blood alcohol (by breathalyzer reading or blood reading),
  2. Operating a motor vehicle while under the influence of alcohol (by “observations” of intoxication such as poor performance on balance testing, swaying, staggering, slurred speech, etc.), or
  3. Operating a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug. (by positive specimen evidence (blood or urine), coupled with observations of drug intoxication).

 

WHAT ARE THE PENALTIES?

The penalties, set forth in N.J.S.A. 39:4-50, vary depending on whether you have previously been convicted of DWI and the proven BAC reading as follows:

  1. FIRST OFFENSE – BAC OF .08% AND UNDER .10% OR “UNDER THE INFLUENCE.”

FINE: $250.00 to $400.00.

INCARCERATION: “not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days.”

LOSS OF LICENSE: Three Months.

NEW JERSEY DMV SURCHARGE: $1,000 per year for three years.

OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

 

  1. FIRST OFFENSE – BAC OF .10% OR MORE OR UNDER THE INFLUENCE OF DRUGS.

FINE: $300.00 to $500.00.

INCARCERATION: “not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days.”

LOSS OF LICENSE: Seven Months to One Year.

IGNITION INTERLOCK DEVICE: In the Court’s discretion, six months to one year following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.

OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

  1. SECOND OFFENSE:

FINE: $500.00 to $1,000.

COMMUNITY SERVICE: 30 Days.

INCARCERATION: “imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days . . .”

LOSS OF LICENSE: Two Years.

NEW JERSEY DMV SURCHARGE: $1,000 per year for three years.

IGNITION INTERLOCK DEVICE: In the Court’s discretion, for one to three years following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.

REVOCATION OF REGISTRATION: For two years. The Court must either revoke the registration certificates or require the installation of an Interlock Device (above).

OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

  1. THIRD OFFENSE:

FINE: $1,000.

INCARCERATION: “imprisonment for a term of not less than 180 days . .”

LOSS OF LICENSE: Ten Years.

NEW JERSEY DMV SURCHARGE: $1,000.00 per year for three years unless the conviction happened within three years of the last one in which case the surcharge is $1,500.00 per year for three years.

IGNITION INTERLOCK DEVICE: In the Court’s discretion, for one to three years following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.

REVOCATION OF REGISTRATION: For ten years. The Court must either revoke the registration certificates or require the installation of an Interlock Device (above).

OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.