Get help from an New Jersey DWI Lawyer or Attorney
Being arrested for a New Jersey DWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines. It is important that anyone facing a DWI charge understand what challenges they will encounter. Seeking the legal advice of a competent and experienced DWI attorney will help you understand your rights and options.
What happens if I was arrested for a NJ DWI?
Under New Jersey law, when you have been cited for violating the DWI statute, the state imposes penalties based on your blood alcohol content (BAC). New Jersey uses a 2-tier system to impose DWI charges upon an offender:
- BAC below 0.10%
- BAC of 0.10% or greater
DWI Penalties for First Time Offenders with a BAC Below 0.10%
Jail Time
A first time DWI offender in New Jersey can face up to 30 days in jail. If in a school zone, a first time offender can face up to 60 days in jail.
Monetary Fines
The minimum fine for a first time DWI is $250.00, up to $400.00. If convicted in a school zone, it goes to a 2nd tier offense and the fine range is $600 to $1,000.
Driving Privileges
A DWI conviction results in the suspension of driving privileges for 3 months. If convicted in a school zone, suspension of driving privileges increases to 12 to 24 months.
Additional Penalties
Every convicted first offender must attend a minimum of 12 hours of alcohol education classes through the Intoxicated Driver’s Resource Center (IDRC).
Chemical Test Refusal
In New Jersey, a motorist who refuses to submit to a breath test faces a 7 to 12 months license suspension and $250 to $500 in fines. If the refusal occurred in a school zone, the fines range from $600 to $1,000, and the motorist faces a 12 to 24 month suspension. There is no such offense as refusing to submit to a blood test in New Jersey.
Commercial Drivers
A commercial driver only needs a .04 BAC level while operating a commercial vehicle to be convicted of a DWI charge in New Jersey. However, a commercial driver, if convicted of a DWI in any motor vehicle in New Jersey, will lose not only his regular driving privileges but also his/her commercial driving privileges for 1 year. The first offense conviction results in a 1 year suspension of the CDL, with a subsequent conviction resulting in a lifetime suspension.
DWI Penalties for First Time Offenders with a BAC of 0.10% or Higher
Jail Time
A first time DWI offender may face imprisonment of up to 30 days. If in a school zone, the offender may face imprisonment of up to 60 days.
Monetary Fines
The minimum fine for a first time DWI is $300.00 to $500.00. The fines double in a school zone.
Driving Privileges
A DWI conviction results in the suspension of driving privileges for 7 months, up to 1 year. If convicted of a DWI in a school zone, suspension of driving privileges increases to 12 to 24 months.
Additional Penalties
Every convicted first offender must attend a minimum of 12 hours of alcohol education classes through the Intoxicated Driver’s Resource Center (IDRC).
Chemical Test Refusal
In New Jersey, a motorist who refuses to submit to a breath test faces a 7 to 12 months license suspension and $250 to $500 in fines. If the refusal occurred in a school zone, the fines range from $600 to $1,000, and the motorist faces a 12 to 24 month suspension. There is no such offense as refusing to submit to a blood test in New Jersey.
Commercial Drivers
A commercial driver only needs a .04 BAC level while operating a commercial vehicle to be convicted of a DWI charge in New Jersey. However, a commercial driver, if convicted of a DWI in any motor vehicle in New Jersey, will lose not only his regular driving privileges but also his/her commercial driving privileges for 1 year. The first offense conviction results in a 1 year suspension of the CDL, with a subsequent conviction resulting in a lifetime suspension.
DWI Subsequent Offenses
Penalties become increasingly severe for additional DWI convictions.. Due to the complexity of DWI laws, you may not be aware of your rights and the potential defenses available to your case. An experienced attorney can guide you through this emotionally challenging process. Please contact a lawyer for a free consultation. |