DWI/DUI

Driving while intoxicated is a traffic offense (not a crime) in the State of New Jersey. N.J.S.A.39:4-50 sets forth the manner in which a defendant can be found guilty of driving while intoxicated. In order for the State to prove that you have violated N.J.S.A. 39:4-50, the state must prove beyond a reasonable doubt that:

1. That you were operating your vehicle with a blood alcohol concentration of 0.08% or more (see below); or

2. That you were operating your vehicle while under the influence of intoxicating liquor, shown through behavior, appearance, and physical and mental testing;

3. That you were operating your vehicle under the influence of a narcotic, hallucinogenic or habit-producing drug.

Note that the State of New Jersey adopted the .08% standard in 2004. The legislature created a two-tiered penalty structure for first offenders whose blood alcohol concentrations were between 0.08% and 0.1%, and more severe penalties for first offenders who exceeded 0.1% blood alcohol content.

In addition to traffic offenses, municipal courts in New Jersey handle many criminal matters. These matters can result in heavy fines, suspension of driving privileges, and jail. Again, an experienced municipal court attorney can minimize these charges and possibly help you avoid a criminal record. A criminal record, even for a relatively minor disorderly persons offense can keep you from getting a job or a loan, or can result in the loss of the job you have now. An experienced municipal court attorney can help you

The Penalties: The penalties for driving under the influence are as follows: 

1. FIRST OFFENSE: 

B. WITH A BLOOD ALCOHOL LEVEL OF 0.08% AND UP TO 0.10% 

• FINE: $250.00 to $400.00. 

• INCARCERATION: 12-48 hours at the intoxicated driver resource center and up to 30 days imprisonment at the court’s discretion 

• LOSS OF LICENSE: Three Months. 

• NEW JERSEY DMV SURCHARGE: $1,000 per year for three years. 

• OTHER FINES & COSTS: 
  $200.00 DWI Enforcement Fund
  $50.00 Violent Crime Compensation Board Fund
  $75.00 Safe Neighborhood Fund
  $200.00 NJ MVC Restoration Charge(s),
  $150.00 Intoxicated Driver Resource Center (IDRC) Fee 
  $33.00 in Court Costs. 

B. WITH A BLOOD ALCOHOL LEVEL OF 0.10% OR MORE OR OPERATING WHILE UNDER THE INFLUENCE OF DRUGS. 

• FINE: $300.00 to $500.00. 

• INCARCERATION: 12-48 hours at the intoxicated driver resource center and up to 30 days imprisonment at the court’s discretion 

• LOSS OF LICENSE: Seven Months to One Year. 

• NEW JERSEY DMV SURCHARGE: $1,000 per year for three years. 

• IGNITION INTERLOCK DEVICE: The court can require installation of a device on your vehicle which prevents operation of the vehicle if your blood alcohol content is too high. The court can order installation of this device for six months to one year following restoration of the defendant’s license. 

• OTHER FINES & COSTS: 
  $200.00 DWI Enforcement Fund
  $50.00 Violent Crime Compensation Board Fund
  $75.00 Safe Neighborhood Fund
  $200.00 NJ MVC Restoration Charge(s),
  $150.00 Intoxicated Driver Resource Center (IDRC) Fee 
  $33.00 in Court Costs. 

B. SECOND OFFENSE: 

• FINE: $500.00 to $1,000. 

• COMMUNITY SERVICE: 30 Days. 

• INCARCERATION: 48 hours to 90 days in jail 

• LOSS OF LICENSE: Two Years. 

• NEW JERSEY DMV SURCHARGE: $1,000 per year for three years. 

• IGNITION INTERLOCK DEVICE: The court can require installation of a device on your vehicle which prevents operation of the vehicle if your blood alcohol content is too high. The court can order installation of this device for one to three years following restoration of the defendant’s license. 

• REVOCATION OF REGISTRATION: The registration certificates of all vehicles registered to the defendant will be revoked for two years or the court may require the installation of an Interlock Device. 

• OTHER FINES & COSTS: 
  $200.00 DWI Enforcement Fund 
  $50.00 Violent Crime Compensation Board Fund 
  $75.00 Safe Neighborhood Fund 
  $200.00 NJ MVC Restoration Charge(s), 
  $150.00 Intoxicated Driver Resource Center (IDRC) Fee 
  $33.00 in Court Costs. 

B. THIRD OFFENSE: 

• FINE: $1,000. 

• INCARCERATION: mandatory 180 day jail sentence 

• LOSS OF LICENSE: Ten Years. 

• NEW JERSEY DMV SURCHARGE: $1,000.00 per year for three years. If the conviction was within three years of a prior conviction, the surcharge is $1,500.00 per year for three years. 

• IGNITION INTERLOCK DEVICE: The court can require installation of a device on your vehicle which prevents operation of the vehicle if your blood alcohol content is too high. The court can order installation of this device for one to three years following restoration of the defendant’s license. 

• REVOCATION OF REGISTRATION: The registration certificates of all vehicles registered to the defendant will be revoked for ten years or the court may require the installation of an Interlock Device. 

• OTHER FINES & COSTS: 
  $200.00 DWI Enforcement Fund 
  $50.00 Violent Crime Compensation Board Fund 
  $75.00 Safe Neighborhood Fund 
  $200.00 NJ MVC Restoration Charge(s), 
  $150.00 Intoxicated Driver Resource Center (IDRC) Fee 
  $33.00 in Court Costs. 

REFUSAL The penalties for refusing to give samples in a breathalyzer or alcotest are the same as those for a first offense of driving while intoxicated with a breathalyzer reading in excess of 0.10%. This includes the 7 months to one year suspension. Subsequent penalties for convictions are enhanced in the same manner as a DWI. In the State of New Jersey, a person had no right to refuse to give a breathalyzer or alcotest sample. You have no right to an attorney before giving a sample. The failure to give a sample, for whatever reason, will result in a charge of refusal.