Can You Go to Jail for a DWI in New Jersey?

If you are convicted of a DWI in New Jersey, 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. 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. 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. Additionally, there are enhanced jail sentences for a DWI conviction where the offense was committed within a school zone. (within 1000 feet of a school) The foregoing is a brief summary of the potential jail sentences associated with a DWI conviction in New Jersey. (See full NJ DWI Statute)

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