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The penalties and severity of DWI charges depend on the blood alcohol content. For first offenders, a BAC of .08 or .09 will result in a three-month loss of license. A BAC of .10 or above will result in a seven to twelve-month loss of license. A BAC of .15 or above will additionally face the imposition of the ignition interlock device. In addition to the loss of license, a first offender will also face high fines typically between $600 to $1,000 dollars and will also face the possibility of up to 30 days in jail.
In addition to these penalties, a first-time offender will also be required to attend 12 hours of education at the Intoxicated Drivers Resource Center, also known as the I.D.R.C.
Unlike a first-offense DWI, your BAC for repeat DUI offenses does not affect the penalties—a reading of .08 or above results in a two-year loss of license. In addition, you will face the imposition of an ignition interlock device, a fine of $1,000 to $10,000, and 2 to 90 days in jail, as well as 48 hours in the IDRC. A judge may suspend the jail time and order the 48 hours in the IDRC as an overnight requirement in lieu of jail.
Like a second offense DWI, your BAC does not impact the penalties. A reading of 0.08 or above will result in a ten-year loss of license and 180 days in jail. The jail sentence is mandatory. The only exception to the jail requirement is that 90 of the 180 days in jail may be served in an inpatient alcohol medical facility that the court must approve. Any fees associated with enrolling in such a facility are entirely your burden.
Being charged with a DWI within 1,000 feet of a school zone is a serious ticket that greatly enhances the penalties you will face in addition to the already severe penalties for the underlying DWI charge. Typically a school zone ticket will double the fines and penalties including the time period by which your driver’s license may be revoked.
For a first-time drunk driving offense:
For a second offense:
For a third offense:
It is not a defense that you were unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. It is also not a defense that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session. It is important to note that New Jersey does not grant conditional or work only licenses.
Therefore, once your driver’s license is suspended, you are no longer permitted to operate a motor vehicle in this state until the period of suspension has terminated and you have effectively restored your license. Operating a motor vehicle during the suspension period due to a DWI/DUI could result in an additional suspension of your driving privileges in addition to jail.
Case Study
The DWI attorneys at Aiello, Harris, Abate, Law Group PC recently appeared in Chatham Township Municipal Court. The defendant was charged with DWI (drunk driving) in violation of N.J.S.A. 39:4-50, reckless driving in violation of N.J.S.A. 39:4-96, failure to maintain lane in violation of N.J.S.A. 39:4-88a, possession of an open alcohol container in violation of N.J.S.A. 39:4-51B, and maintenance of lamps in violation of N.J.S.A. 39:3-66.
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 the 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* |
| 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 the 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 the 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 the period of imprisonment) 12–48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration |
| 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 the 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* |
| 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 the 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 the 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 the period of imprisonment) 12–48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration |
At Aiello, Harris, Abate Law Group PC, we are committed to protecting our clients’ rights and have repeatedly demonstrated the ability to succeed in the most challenging and complex drunk driving cases.
| Offense | Fines | Community service |
| 1st | $200 | – |
| 2nd | $250 | 10 days |
| License loss | Fines or surcharges | Prison term |
| Additional 1–2 years |
$500 fine $250/year (for 3 years) surcharge |
10–90 days |
| License loss | Fines or surcharges |
| 2 years | Minimum $50 fine |
Notes:
Your New Jersey driving record is reviewed every time points or other serious violations are added to it. If you accumulate six or more points within three years from your last posted violation, you will receive a $150 Surcharge plus $25 for each additional point. A points-based surcharge can result in a Surcharge for three years.
Additional violations that will result in a Surcharge due for three years:
Review: NJ Point Schedule
At Aiello, Harris, Abate Law Group PC, we are committed to protecting our clients’ rights and have repeatedly demonstrated the ability to succeed in the most challenging and complex drunk driving cases.
If you or someone you know has been recently charged with a DWI, refusal, or any other offense, please contact our New Jersey DWI lawyers. Our New Jersey criminal attorneys are former prosecutors at the county and municipal levels. We are available to speak 24 hours a day, 7 days a week.
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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