Driving Under the Influence or Drugs or Alcohol If you’ve been arrested for drunk driving in New Jersey, seek legal advice immediately. While New Jersey is committed to aggressively prosecuting individuals charged with DUI, there is still hope for building a strong defense.
The legal team at The Law Offices of Jonathan F. Marshall is experienced in handling New Jersey DUI cases and identifying arguable points. We have the knowledge and expertise to build a strong defense and get your DUI charges dismissed.
Driving Under the Influence or Drugs or Alcohol
Although New Jersey does not distinguish between an Alcohol DWI (driving while intoxicated) and a Drug DUI (driving under the influence), punishments are not the same for every case. The penalties for driving under the influence range from losing your license for 3 months to 10 years, depending on the severity of your charge. Fines, surcharges, jail time, and community service can vary, too. While the consequences are serious, it may be possible to beat a DUI in New Jersey with the right legal strategy. The extent of DUI consequences is based on blood alcohol content and past offenses. To beat these charges, understanding the facts of your case is essential. Blood alcohol concentration (BAC) is separated based on two values:
- A BAC above 0.08%, but less than 0.10%
- A BAC higher than 0.10%.
So, in New Jersey a BAC of 0.08% is the threshold for a DUI charge. Meanwhile, an individual’s history of DUI’s can also play a role. New Jersey has different penalties assigned for each of the following:
1st Offense DWI Penalties and Fines in New Jersey
Although DWI is generally treated as a traffic offense rather than a criminal offense in New Jersey, a conviction can still carry serious consequences. Even a first offense DWI in New Jersey can result in fines, surcharges, Intoxicated Driver Resource Center requirements, ignition interlock, insurance consequences, and possible jail exposure. If you are convicted of DWI in New Jersey with a blood alcohol concentration (BAC) of 0.08% or higher, the penalties depend in part on your BAC level and whether this is your first, second, or subsequent offense.
First Offense DWI/DUI Penalties in New Jersey
For a first offense DWI in New Jersey, the penalties depend heavily on the driver’s BAC level.
For a BAC of 0.08% or higher but less than 0.10%, or for a DWI based on observational evidence without a specific BAC reading, the potential penalties include:
- A fine of $250 to $400.
- Up to 30 days in jail.
- 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC).
- A $1,000 annual automobile insurance surcharge for three years.
- Additional court costs, state surcharges, and program fees.
- Forfeiture of driving privileges until installation of an ignition interlock device.
- Ignition interlock installation for three months.
For a BAC of 0.10% or higher but less than 0.15%, the potential penalties include:
- A fine of $300 to $500.
- Up to 30 days in jail.
- 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC).
- A $1,000 annual automobile insurance surcharge for three years.
- Additional court costs, state surcharges, and program fees.
- Forfeiture of driving privileges until installation of an ignition interlock device.
- Ignition interlock installation for seven months to one year.
For a BAC of 0.15% or higher, additional license forfeiture and ignition interlock requirements apply. In these cases, a driver may face a period of license forfeiture along with mandatory ignition interlock during and after the forfeiture period.
DUI in a School Zone
New Jersey previously imposed enhanced penalties for certain DWI offenses in a school zone. Because New Jersey’s DWI penalty laws have changed, anyone facing a DWI charge involving a school zone should speak with an attorney about how the current law applies to the specific facts of the case.
The Cost of a DWI
A first offense DWI conviction in New Jersey can be expensive even before considering attorney fees, insurance increases, missed work, transportation costs, and ignition interlock expenses. Depending on the BAC level and the specific sentence, costs may include:
| Cost or Surcharge | Amount |
|---|---|
| Court fine for BAC 0.08% to under 0.10% | $250 to $400 |
| Court fine for BAC 0.10% or higher | $300 to $500 |
| Intoxicated Driver Resource Center (IDRC) fee | $230 |
| Drunk Driving Enforcement Fund surcharge | $100 |
| Alcohol Education, Rehabilitation and Enforcement Fund surcharge | $100 |
| MVC insurance surcharge | $1,000 per year for 3 years |
| Safe Neighborhood Services Fund surcharge | $75 |
| License restoration fee, if applicable | $100 |
| Ignition interlock costs | Varies |
Failure to pay required DUI surcharges can result in an indefinite suspension of driving privileges. The New Jersey Motor Vehicle Commission may also pursue collection action in Superior Court, which can include a lien against property, wage garnishment, or similar collection measures.
Although New Jersey DWI penalties can be serious, an arrest does not automatically mean you will be convicted or receive the maximum penalties. The State must still prove the charge, and issues involving the traffic stop, field sobriety testing, breath testing, police reports, video evidence, and officer procedure may all affect the outcome. At The Law Offices of Jonathan F. Marshall, our defense attorneys are trained in the Alcotest breath testing system and understand how to identify potential weaknesses in a DWI case. If you were charged with DWI in New Jersey, contact our office today to discuss the penalties you may be facing and the defense options that may be available.
2nd Degree DUI Penalties in NJ
New Jersey DWI penalties become significantly more serious for a second offense. Unlike a first offense, where penalties can vary based on BAC level, a second DWI offense generally exposes the driver to the same sentencing range whether the BAC is 0.08% or higher. If your second DWI occurs within 10 years of your first offense, you may face enhanced penalties as a repeat offender.
Potential penalties for a second offense DWI in New Jersey include:
- A fine of $500 to $1,000.
- 30 days of community service.
- 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC).
- A $1,000 annual automobile insurance surcharge for three years.
- Jail time of 48 consecutive hours to 90 days.
- License forfeiture for one to two years.
- Mandatory ignition interlock during the license forfeiture period and for one to three years after restoration.
- Additional court costs, state surcharges, IDRC fees, and ignition interlock expenses.
A second offense DWI can also create serious practical consequences beyond the court-imposed penalties, including increased insurance costs, employment issues, transportation problems, and possible consequences for commercial drivers or people who drive for work. In certain cases, drivers who voluntarily install an ignition interlock device after arrest and before conviction may be eligible for credit against part of the license forfeiture period. Eligibility for interlock credit depends on the facts of the case and does not apply in every situation.
Because a second DWI conviction carries mandatory jail exposure and a lengthy loss of driving privileges, it is important to speak with an experienced New Jersey DWI defense attorney as early as possible.
3rd Degree DUI Penalties in New Jersey
A third offense DWI in New Jersey carries some of the most severe penalties under the state’s drunk driving laws. If a third offense occurs within 10 years of the second offense, the driver is sentenced as a third offender. Unlike a first offense, the penalty range for a third offense is not based on different BAC levels. A BAC of 0.08% or higher, a drug-related DWI, or proof that the driver was under the influence can expose the driver to enhanced repeat-offender penalties.
Potential penalties for a third or subsequent DWI offense in New Jersey include:
- A $1,000 fine.
- 180 days in county jail or a workhouse.
- Up to 90 days of community service, which may reduce part of the required jail term.
- 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC).
- A $1,500 annual automobile insurance surcharge for three years.
- License forfeiture for eight years.
- Mandatory ignition interlock during the license forfeiture period and after restoration.
- Additional court costs, state surcharges, IDRC fees, and ignition interlock expenses.
A third DWI conviction can also affect employment, professional licensing, insurance rates, family responsibilities, and the ability to drive for work or daily life. Beyond the court-imposed penalties, there may also be substantial surcharges and fees for DUI offenses, including state assessments, IDRC fees, ignition interlock costs, MVC surcharges, insurance increases, and license restoration expenses.
In some cases, participation in an approved inpatient substance use disorder rehabilitation program may reduce a portion of the required jail term, but it does not eliminate the seriousness of the charge or the long-term consequences of a conviction.
Because a third offense DWI carries mandatory jail exposure and a lengthy loss of driving privileges, anyone charged with a third DWI in New Jersey should speak with an experienced DWI defense attorney as soon as possible. The Law Offices of Jonathan F. Marshall can review the facts of the arrest, prior conviction history, testing evidence, police procedure, and available defense options during a free consultation.
