New Jersey’s New DUI and DWI Law

New Jersey drunk driving laws have changed recently. It important you understand DWI laws and the new penalties. We are experienced New Jersey DUI attorneys with experience in dealing with the news laws in municipal Court. In New Jersey, a person is guilty of drunk driving if he/ she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC refers to the amount of alcohol in your blood. Under the new laws the length of suspension has been lowered slightly, but, the expenses and interlock device requirement have changed. The penalties for a DWI in New Jersey are below:

THE PENALTIES

1st Offense

Under New Jersey Law (P.L. 2003, CHAPTER 314), if an offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are:

  • A fine of $250-$400
  • Imprisonment for up to 30 days
  • Driver’s license forfeiture until ignition interlock installed.
  • Interlock required for 3 months
  • A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
  • An automobile insurance surcharge of $1,000 a year for 3 years

If the offender’s BAC is 0.10 percent but less than 0.15 percent, or permits another person with a BAC of 0.10 percent but less than 0.15 percent to operate a motor vehicle, the penalties are:

  • A fine of $300-$500
  • Imprisonment for up to 30 days
  • Driver’s license forfeiture until ignition interlock installed. Interlock required for 7 months to one (1) year
  • A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
  • An automobile insurance surcharge of $1,000 a year for 3 years

Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months after license restoration.

2nd Offense

  • A fine of $500-$1,000
  • Imprisonment of at least 48 consecutive hours, and up to 90 days
  • Minimum 1-year and up to 2-year license suspension
  • Completion of evaluation, referral and program requirements of the IDRC
  • 30 days of community service
  • An automobile insurance surcharge of $1,000 a year for 3 years
  • Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration

3rd Offense

  • A fine of $1,000
  • Imprisonment of 180 days except the court may lower such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC
  • 8 year license suspension
  • 30 days of community service
  • Completion of evaluation, referral and program requirements of the IDRC
  • An automobile insurance surcharge of $1,500 a year for 3 years
  • Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration

If you or anyone you know has been charged with a DUI they should call The Morano Law Firm, LLC and speak Corey Morano, Esq., an experienced New Jersey Underage DUI Attorney at 201-598-5019 or email coreymorano@gmail.com

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