NJ DWI Attorney

NJ DWI/DUI

Defending NJ DWI cases since 1996.

(NJ Statute: 39:4-50) If you have been charged with DWI, appearing in court with an attorney can result in a more favorable outcome. Some of the consequences resulting from a DWI are loss of license, fines and possibly jail time. Having an attorney represent you in court, can often reduce the consequences of a DWI charge.

Loss of License .

If you are convicted of or you plead guilty to a DWI charge, the duration of loss of license can vary depending on certain factors. One factor is the BAC (breath alcohol content) level, if you have submitted to a breathalyzer test. If you're BAC level is .08 or higher, but less than .10, the duration of loss of license is three months. (For first offense only) If you you're BAC level is .10 or higher, the duration of the loss of license is seven months to one year (First offense only). Another factor considered is whether you have prior DWI convictions. The duration of the loss of license for a Second offense is two years, and ten years for a third offense. Where the DWI offense was committed within a school zone (within 1000 feet of a school), the loss of license is as follows: First Offense, 1 to 2 year loss of license; Second Offense, 4 year loss of license; Third Offense, 20 year loss of license. There are other issues that can affect the duration of loss of license, and of course there are other penalties in addition to loss of license.

Fines .

For a first offense, if your BAC (blood alcohol content) level is .08 or greater, but less than .10, the fine is a minimum of $250 up to $400. If it is a first offense and your BAC level is .10 or higher, then the fine is a minimum of $300 up to $500. For a second offense, the fine is a minimum of $500 up to $1000. If it is a third offense, the fine is $1000. The fines for a DWI in New Jersey are higher where the offense is committed within a school zone (Within 1000 feet of a school). Where the DWI offense was committed within a school zone, the fines are as follows: for a first offense, the fine is a minimum of $500 up to $800; for a second offense, the fine is a minimum of $1000 up to $2000; for a third offense, the fine is $2000. There may be other costs and penalties associated with DWI convictions, but the above fines are the statutory fines that will be imposed.

Jail-Time.

If you are convicted DWI, you may face jail-time. For a first offense, jail-time is generally not imposed, however, the court has discretion to impose a jail sentence of up to 30 days (60 days if within a school zone). For a second offense, there is a mandatory jail sentence of 48 hours, and at the discretion of the court, can be up to 90 days (4 to 180 days if within a school zone). If a jail sentence is imposed for a first or second offense, the court may approve a release into a work release program. For a third offense, there is a mandatory jail sentence of 180 days. However, the court has discretion to reduce the jail sentence by the number of days spent in a drug or alcohol rehabilitation inpatient program, not exceeding 90 days. The foregoing is a brief summary of the potential jail sentences associated with a DWI conviction in New Jersey.

IDRC (Intoxicated Driver Resource Center).

For first offenders, the court will impose a period of detainment of 12 to 48 hours at IDRC. Detainment will be six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers.

Community Service.

For a second offense, the court will impose a 30 day period of community service (60 days if within a school zone).  The court will determine the nature of the community service, as it deems approriate under the particular circumstances.

Prior Offenses .

Prior convictions will be used for sentencing purposes unless the subsequent offense occurred more than 10 years after the prior conviction.

Out-of-State Convictions.

Out-of-state prior convictions will be used for sentencing purposes unless the subsequent NJ offense occurred more than 10 years after the prior out-of-state conviction.  Additionally, the out of state prior conviction will not be considered if the conviction was based exclusively on a BAC level of less than .08.

Ignition Interlock Device (NJ Statute: 39:4-50.17) .

First Offense.

At the discretion of the judge, installation of an interlock device for six months to one year upon restoration. If the BAC level is 0.15% or greater, a mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration.

Second Offense

Mandatory installation of ignition interlock device during license suspension and for 1 to 3 years following restoration.

Third Offense

Mandatory installation of ignition interlock device during license suspension and for 1 to 3 years following restoration.

Failure to Install Interlock Device (NJ Statute: 39:4-50.19) .

Failure to install an interlock device will result in an additional 1 year suspension of driver's license.  Additionally, a person who drives the vehicle after it has been started by any means other than blowing into the device or who drives a vehicle that is not equipped with such a device shall have his driver's license suspended for an additional 1 year.

Refusal to Submit to Breathalyzer (NJ Statute: 39:4-50.4) .

First Offense.

7 months to 1 year loss of license and fine of $300 to $500;

Second Offense

2 years loss of license and fine of $500 to $1,000; and

Third Offense

10 years loss of license and fine of $1,000. 

If within 1000 feet of a school zone, duration of loss of license and fines are doubled.

Underage Drinking and Driving (NJ Statute: 39:4-50.14) .

BAC of More Than .01 but Less Than .08.

30 to 90 days loss of license;

15-30 days community service; and

Satisfaction of IDRC.

If BAC level is .08 or greater, than these penalties will be in addition to the standard DWI penalties.

See Full Text of the NJ DWI Statute: NJSA 39:4-50

Joseph F. Morgano has been handling DWI cases for over twenty years.

If you have been charged with DWI in New Jersey, please contact Joseph F. Morgano for a free consultation.