New Jersey’s New DUI and DWI Law

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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

Understanding DUI Penalties – Hiring a Lawyer for Your Drunk Driving Case

Have you or someone you know been arrested or charged with a DUI?  Please do not hesitate to call me at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation.

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. Although the law refers to a 0.08 percent BAC, you can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent. Consuming even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgment, vision and alertness. If you consume any amount of alcohol and your driving is negatively impacted, you can be convicted of drunk driving. The penalties for a DUI offense can be severe, call me at 201-598-5019 today discuss your case. See the penalties listed below.

Alcohol or drug related DUI with BAC of 0.10% or greater
License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months – 1 year following restoration

 

Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
3 months $250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*

 

Repeated DUI convictions
Offense License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
2nd offense within 10 years 2 years $500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
3rd offense within 10 years of 2nd offense 10 years $1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

Related Offenses

Driving or riding with an open container
Offense Fines Community service
1st $200
2nd $250 10 days
Driving with a DUI suspension
License loss Fines or surcharges Prison term
Additional
1–2 years
$500 fine
$250/year (for 3 years) surcharge
10–90 days
Driving while possessing drugs
License loss Fines or surcharges
2 years Minimum $50 fine

 

Driving while possessing drugs
License loss Fines or surcharges
2 years Minimum $50 fine

Notes:

  • *IDRC – Intoxicated Driver Resource Center
  • *AERF – Alcohol Education and Rehabilitation Fund
  • Underage drinking may cause a six-month delay in getting a license
  • Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program

Failure to pay DUI surcharges will result in

  • Indefinite suspension of driving privileges
  • Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action

Have  you or someone you know been arrested or charged with a DUI?  Please do not hesitate to call me at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation.