Penalties & Fines – 1st Offense DWI in New Jersey

The penalties for a conviction for driving while intoxicated in New Jersey are severe and they steadily increase for each subsequent offense. These penalties include mandatory jail time and license suspensions. However, DWI charges in New Jersey are actually motor vehicle violations and not considered crimes. This can be good because, if convicted, you would not have a permanent criminal record. On the other hand, you are not entitled to a jury trial for your DUI charges and many people consider that to be a tremendous disadvantage. One thing is for sure – if you have been charged with a first offense DWI, second offense DWI, or third offense DWI (or subsequent), you need an experienced DUI defense attorney that can challenge the prosecutor’s case against you. Please refer to our New Jersey DWI Penalties Resource page for more detailed information on Driving While Intoxicated or DUI Law in New Jersey pursuant to N.J.S.A. 39:4-50. At The Law Offices of Jonathan F. Marshall, our New Jersey DWI defense attorneys defend clients arrested for 1stoffense DWI charges throughout the state including Wall Twp, Clifton, Toms River, East Brunswick, Newark, Fort Lee, Camden and Pennsauken. For a free initial consultation, contact our main office today at (877) 450-8301.

1st Offense DWI 0.08% – 0.09%

The penalties you face for a first offense of driving while intoxicated in New Jersey actually depend upon the level of intoxication determined by the state’s breathalyzer called the Alcotest machine.  The legal limit in New Jersey is .08% Blood Alcohol Content (BAC). So for a first offense DWI where your breath alcohol reading “BAC” is at least 0.08% but less than 0.10% you will face the following penalties and fines.

  • Loss of your driving privileges for 3 months.
  • Up to 30 days in county jail.
  • Between $250 and $400 in fines.
  • A $1,000 insurance surcharge for three years.
  • Other fees and surcharges in excess of $525.
  • Possible Ignition Interlock requirement for six to twelve months.
  • Alcohol/substance abuse assessment.
  • 12 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).

1st Offense DWI 0.10% and Greater

The penalties for a first offense DWI become substantially more severe if the reading is higher. For instance, the DWI statute under 39:4-50 states that if your BAC is .10% or higher you will face the following penalties listed below.

  • 7 – 12 month forfeiture of your driver’s license.
  • An increased fine of $300 and $500 in fines.
  • Mandatory Ignition Interlock 6 – 12 months (if BAC is greater than 0.15%)
  • A $1,000 insurance surcharge for three years.
  • Other fees and surcharges in excess of $525.
  • 12 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).

As you can see, the penalties associated with a First Offense DWI are serious and differ widely depending on the circumstances. Navigating these waters without an experienced attorney can be extremely difficult and dangerous and is not advised. The attorneys at The Law Offices of Jonathan F. Marshall are veteran DWI defense attorneys certified in the operation of the Alcotest and certified on Standard Field Sobriety Testing “SFSTs”. These unique qualifications allow us to carefully scrutinize the state’s case against you. Feel free to give us a call today to speak with an attorney during a free no obligation consultation and start building your DWI defense today.