New Jersey is quite aggressive towards those arrested for a DWI. The court is hostile and the laws are strict. Prosecution is vigorous and those charges have a lot to consider. The penalties and the mandatory license suspension can deeply affect one’s life. There is no plea bargaining for DWI offenses. There is no provisional license provided to those who need a car for employment or a commute. A person may be issued a DWI charge if they are scientifically assessed to have over 0.08% Blood Alcohol Content (BAC). When faced with such a serious offense, it is important to consult with an effective and experienced attorney that can fight for your livelihood. Contact The Law Office of Michael A. Policastro for a consultation to discuss your legal needs.
First DWI in New Jersey
As of January 1, 2020, New Jersey has updated its laws concerning first-offense DWIs. The updated law breaks the penalties for DWIs down into three categories: DWI with a BAC between 0.08%-0.10%, DWI with a BAC between 0.10%-0.15%, and DWI with a BAC above 0.15%. The penalties for each of those first-offense DWIs are as follows:
BAC Between 0.08%-0.10%
- You will lose your license until you install the ignition interlock device in your vehicle, at your own cost. Once you do, you will have to use the ignition interlock device for up to three months.
- A fine between $250-$400
- You may face a 30-day jail sentence
- Up to $33 in court costs
- $75 fine towards the Safe Neighborhood Fund
- A $125 DWI surcharge
- A $100 Drunk Driving Enforcement Fund Surcharge
- $50 to New Jersey’s Victims of Crime Compensation Office
- Between 12 and 48 hours in the Intoxicated Driver Resource Center
BAC Between 0.10%-0.15%
- A fine between $300-$500
- You will lose your license until you install the ignition interlock device in your vehicle, at your own cost. Once you install the IID, you will have to use it for between seven months and one year.
- Between 12 and 48 hours in the Intoxicated Driver Resource Center
- Up to 30 days of jail time
- A $125 DWI Surcharge
- A $100 Drunk Driving Enforcement Fund Surcharge
- Up to $33 in court costs
- $75 to the Safe Neighborhood Fund
- $50 to New Jersey’s Victims of Crime Compensation Office
BAC Higher Than 0.15%
If you are arrested with a blood alcohol content of 0.15% or higher and this is your first-offense DWI, you will most likely lose your license for anywhere between four and six months, face high fines, and you will have to install and use the ignition interlock device in your vehicle during the period of license forfeiture, as well as between 9-15 months after your license is restored.
Second DWI in New Jersey
Those who are arrested for a second DWI within ten years of the first face a wide range of greater consequences. These include:
- Up to 90 days of incarceration
- Suspension of license for 2 years
- $1,000 yearly surcharge for 3 years
- $500 and $1000 fines
- Engagement in the Intoxicated Driver Resource Center and applicable fees
- $100 for the Alcohol Education and Rehabilitation Fund
- $100 Drunk Driving Fund fee
- $75 Neighborhood Services Fund fee
Third DWI in New Jersey
Being arrested for a 3rd DWI can be devastating. While the state is ardent about DWI laws, subsequent arrests make for an even greater hostility in court. People arrested for a third DWI within 10 years of the second face the following consequences:
- Up to 180 days of incarceration
- Suspension of license for 10 years
- $1,500 yearly surcharge for 3 years
- $1000 fine
- Engagement in the Intoxicated Driver Resource Center and applicable fees
- $100 for the Alcohol Education and Rehabilitation Fund
- $100 Drunk Driving Fund fee
- $75 Neighborhood Services Fund fee
High BAC
Those arrested with a BAC of 0.08% for the first time often get a simple DWI charge. Those who are arrested with a BAC over 0.10% could face some escalating consequences, including:
- Up to 30 days in jail
- 7-12 months of a license suspension
- $1000 yearly surcharge for 3 years
- $300-$500 in fines
- Engagement in the Intoxicated Driver Resource Center (IDRC) and related fees
- $100 Alcohol Education and Rehabilitation Fund Fee
- A $100 Drunk Driving Fund fee
- A $75 Neighborhood Services Fund fee
Underage DWI
The legal age to drink alcohol is 21. For underage NJ drivers, being caught driving with even a little alcohol in the system (0.01% BAC or more) can subject one to serious consequences, including license suspension for 30-90 days, fines, 15-30 days of community service, and participation in the Intoxicated Driver Resource Center (IDRC) and related fees. For those caught subsequent times, the consequences only get worse.
Allowing a person under the influence to drive your vehicle
As New Jersey continues to be ardent against drunk driving, many people believe that they are making the right decision letting a friend drive their car when they are over the limit. While many of these people are making a responsible decision, there are times when this can be a mistake. Though it may be difficult to assess, if you give your keys to a person under the influence and they are caught and arrested for a DWI, you can be too. Because you have allowed your car to be driven by a drunk person, the state believes that you are equally responsible for the outcome. It is important to make good decisions before drinking, including establishing a designated driver or taking a cab service home.
Contact a Middlesex County DWI defense attorney
Being arrested for a DWI is a significant legal matter. One’s livelihood can be jeopardized by the effects and fighting the charges is critical. The right attorney will explore all legal means to defend one’s case. With so much at stake, experience matters. Contact the Law Office of Michael A. Policastro for a consultation to discuss your legal needs.
