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DWI Penalties

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New Jersey DWI Penalties Lawyer

DWI Penalties Lawyers Defend Clients In Mercer County, Middlesex County, and Monmouth County, New Jersey

Driving while intoxicated is a serious offense — don’t delay in getting to work on actively defending the charge. DWI penalties lawyers at Aydelotte & Scardella Law LLC are skilled and experienced and we are available for a free consultation and case evaluation. Take the first step towards beating a DWI charge and contact our office.

New Jersey Penalties For Driving While Intoxicated (DWI) 

New Jersey imposes stiff penalties for driving while intoxicated (DWI), and the penalties for a conviction vary depending upon two factors: your blood alcohol concentration (BAC) at the time of your arrest, and whether you have a prior DWI conviction.  

In New Jersey, the penalties for a first DWI offense with a BAC between 0.08% and 0.10% are as follows:

  • Monetary fine of $250 – $400 
  • Imprisonment for a maximum of 30 days 
  • Driver’s license forfeiture until an ignition interlock device is installed, which is required for three months 
  • Mandatory participation in an Intoxicated Driver Resource Center for at least six hours per day for two consecutive days 
  • Payment of an automobile insurance surcharge of $1,000 a year for three years

For first DWI offenders who have a BAC of 0.10% to 0.15%, the penalties are as follows:

  • Monetary fine of $300 – $500 
  • Imprisonment for a maximum of 30 days 
  • Driver’s license forfeiture until an ignition interlock device is installed, which is required for a period of seven months to one year 
  • Mandatory participation in an Intoxicated Driver Resource Center for at least six hours a day for two consecutive days 
  • Payment of an automobile insurance surcharge of $1,000 a year for a period of three years 

First DWI offenders who have a BAC of 0.15% or more must install an ignition interlock device in their primary vehicle during the license suspension period of four to six months, and for nine to 15 months after their drivers’ license has been restored. Penalties for subsequent DWI offenses increase with each repeat offense.

Marijuana DUI

In New Jersey, it is also illegal to operate a motor vehicle while under the influence of an intoxicating narcotic, such as marijuana. A DUI for marijuana can be proven by observational evidence.  Because impairment from marijuana can be more difficult for law enforcement to assess, there are often more pathways for a strong legal defense.

If you have questions about the driving while intoxicated charge brought against you, schedule a free confidential consultation with a DWI penalties attorney at Aydelotte & Scardella Law LLC.

New Jersey Penalties For Refusal To Submit To Breathalyzer Test

Under New Jersey’s implied consent laws, once you obtain your drivers’ license, you have already consented to submit to field sobriety testing and chemical testing to determine your blood alcohol concentration (BAC). Refusing to submit has consequences that are separate from an actual driving while intoxicated (DWI) charge, including the following:

Refusal To Submit First Offense

  • Monetary fine of $300 – $500 and suspension of the drivers’ license suspension until an ignition interlock device is installed in the vehicle
  • Participation in an Intoxicated Driver Resource Center for a minimum of six hours a day for two consecutive days 
  • Installation of an ignition interlock device in the vehicle for a period of 9 to 15 months after the drivers’ license is restored 
  • Payment of an automobile insurance surcharge of $1,000 a year for a period of three years

Skilled DWI Penalties Lawyers At Aydelotte & Scardella Law LLC Vigorously Defend Criminal Offenses Brought Against Our Clients

The skilled DWI penalties lawyers at Aydelotte & Scardella Law LLC vigorously defend the criminal offenses brought against our clients. With more than 18 years of combined experience, we handle charges of driving while under the influence (DWI) of alcohol or drugs, breath test refusal, marijuana DUI, and more. Aydelotte & Scardella Law LLC offers a free confidential consultation so you can get answers to your questions about DWI penalties. Arrange for your free case evaluation today.

Frequently Asked Questions About DWI Penalties In New Jersey

FAQ: What are some alternative punishments or diversion programs available for first-time DWI offenders in New Jersey?

There are no alternative punishments for first DWI offenses in New Jersey. The penalties are mandatory and you cannot pay a higher fine, perform community service, or agree to a period of probation in order to avoid any of the mandatory penalties, including the license suspension.

FAQ: What factors will enhance or aggravate a DWI charge in New Jersey?

If you have an accident in which someone is injured or dies, and you are driving while intoxicated (DWI), you will be charged with the additional offense of “Assault by Auto” or “Death by Auto”. These are indictable offenses (which are akin to felonies in other states) and you may be sentenced to prison for any of them, regardless of how many prior offenses you have on your record. If you are driving while intoxicated while you have a minor in the car, you can be charged with Endangering the Welfare of a Child. That too is an indictable offense, which can carry prison time.

FAQ: Will a DWI conviction be on my criminal record?

No. Many people worry that a DWI will be on their criminal record, but a DWI is only a traffic offense in New Jersey, so it will not be on your criminal record. A DWI conviction will be on your driver’s abstract. If you are in a job that requires you to drive, or if you have a professional license, having a DWI on your abstract could be a problem. You may be required to report the DWI to your employer, depending on your employer’s policy. By law, teachers must report a DWI arrest to the superintendent of the school district they work for. It is best to consult with an experienced New Jersey DWI defense attorney regarding your particular case. The criminal defense team at Aydelotte & Scardella Law LLC offers a free consultation; schedule your confidential case evaluation today.

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