Will I Go to Jail if I Receive a DUI in New Jersey?

When receiving a DUI in the state of New Jersey, you run the risk of obtaining a criminal record, regardless of it being your first, second, or third offense. Read more to learn more about the consequences of DUIs in New Jersey and how an experienced Middlesex County criminal defense attorney at the Law Offices of Michael A. Policastro can help you fight them.

Can I face incarceration if I receive a DUI in New Jersey?

As of January 1, 2020, New Jersey updated its laws concerning first-offense DUIs and breaks the penalties down into three categories: a BAC between 0.08-0.10, a BAC between 0.10%-0.15%, and a BAC above 0.15%. Those arrested with a BAC of 0.08% for the first time often get a simple DUI charge. Regardless, there is still a chance that you may face up to 30 days of incarceration.

If this is your second-offense DUI, you are looking at the possibility of receiving up to 90 days in jail. There is a mandatory minimum jail term of 48 hours. However, the court had the discretion to allow the period to be served at the New Jersey IDRC.

With your third DUI offense, you will likely go to jail for up to 90 days without the assistance of an experienced New Jersey criminal defense attorney.

Additional penalties you may face, which vary depending on it being your first, second, or third offense, are as follows:

  • License suspension.
  • Fines.
  • New Jersey IDRC program.
  • Community service.
  • Ignition interlock device in your vehicle.

What if my prior DUI conviction is at least 10 years old?

Notably, for the second or third DUI conviction, there is a “step down” provision that requires the court to sentence the offender as a first or second offender, respectively, if the most recent conviction occurred more than ten years after the most recent prior.

Is there another factor that will increase my likelihood of being incarcerated for a DUI in New Jersey?

The penalties for a DUI in New Jersey are increased if the offense involved a minor passenger or occurred near a school.

Contact our experienced New Jersey firm

When someone is charged with a crime, they have a lot to consider. However, we understand that everyone makes mistakes, which is why we are here to help. No matter your circumstances, if you are facing criminal charges, contact the Law Offices of Michael A. Policastro today for the experienced legal counsel you deserve and need.

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