New Jersey DWI: A Brief 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:
A.
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.
B.
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.
B.
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.
C.
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.
Call
on New Jersey
DWI lawyer, Greggory M. Marootian when you need
experienced
professionals to give you the facts, and restore your integrity.
|
