Driving while intoxicated and driving under the influence are serious motor vehicle violations in New Jersey. The penalties for a conviction on either charge are significant. While many may only think of penalties like the loss of driving privileges, hefty fines and even jail time, a conviction for DWI in New Jersey will remain on your driving record permanently.
Because a DWI is considered quasi-criminal in nature, you do not have the right to a jury trial. This means that only a judge will preside over your case. Should you decide to appeal the judge’s ruling, the case will go in front of a different judge. He or she will review the facts of the case and either uphold the trial court’s decision or find you Not Guilty
The penalties for DWI are based on several factors, including the defendant’s age, his or her blood alcohol level and if there was a conviction for DWI in his or her past. This includes convictions in other states. Each additional conviction has penalties that are harsher in terms of jail time, fines and the suspension or revocation of driving privileges.
If convicted of DWI, the judge has the right to order you to install an ignition interlock device (IID) on any vehicle you drive. This machine requires you to blow into it to determine your blood alcohol content. Should your blood alcohol content register .05 percent or higher, the vehicle will not start. An IID could be required for up to three years, depending on whether you have previous convictions for DWI.
Below are the penalties for DWI in New Jersey.
1st Offense
| .08 to <.IO or Observation | |
|---|---|
| Fine | $250 to $400 |
| DWI Surcharge | $125 |
| DDEF Surcharge | $100 |
| Assessments | $6 |
| Court costs | Up to $33 |
| SNSF | $75 |
| VCCO | $50 |
| IDRC | 12 to 48 hrs |
| Jail | Up to 30 days (not mandatory) |
| Loss of DL | Until interlock installed |
| Interlock for Principal Vehicle | 3 months* |
| .10 to <.15 | |
|---|---|
| Fine | $300 to $500 |
| DWI Surcharge | $125 |
| DDEF Surcharge | $100 |
| Assessments | $6 |
| Court costs | Up to $33 |
| SNSF | $75 |
| VCCO | $50 |
| IDRC | 12 to 48 hrs |
| Jail | Up to 30 days (not mandatory) |
| Loss of DL | Until interlock installed |
| Interlock for Principal Vehicle | 7 months to 1 year |
| .15+ | |
|---|---|
| Fine | $300 to $500 |
| DWI Surcharge | $125 |
| DDEF Surcharge | $100 |
| Assessments | $6 |
| Court costs | Up to $33 |
| SNSF | $75 |
| VCCO | $50 |
| IDRC | 12 to 48 hrs |
| Jail | Up to 30 days (not mandatory) |
| Loss of DL | 4 to 6 months |
| Interlock for Principal Vehicle | Forfeiture period plus 9 to 15 months after restored |
2nd Offense
| Fine | $500 to $1,000 |
| DWI Surcharge | $125 |
| DDEF Surcharge | $100 |
| Assessments | $6 |
| Court costs | Up to $33 |
| SNSF | $75 |
| VCCO | $50 |
| IDRC | In accord with treatment classification (usually 48 hours) |
| Jail | 2 days to 90 days (up to 2 days served in IDRC program) |
| Loss of DL | 1 to 2 years |
| Interlock for Principal Vehicle | Forfeiture period plus 2 to 4 years after restored |
3rd Offense
| Fine | $1,000 |
| DWI Surcharge | $125 |
| DDEF Surcharge | $100 |
| Assessments | $6 |
| Court costs | Up to $33 |
| SNSF | $75 |
| VCCO | $50 |
| IDRC | In accord with treatment classification |
| Jail | 6 months (up to 90 days may be served in IDRC program) |
| Loss of DL | 8 years |
| Interlock for Principal Vehicle | Forfeiture period plus 2 to 4 years after restored |
Speak to an Experienced New Jersey DWI Attorney
If you or a loved one have been charged with DWI and are facing the prospect of having an ignition interlock device on your vehicle, contact the experienced attorneys at the The Law Offices of Stephen Lukach III for legal assistance.
Being arrested and charged with DWI is a serious motor vehicle offense and has harsh penalties including fines, possible jail time and much more. Don’t make the mistake of not having the best legal representation you can. Your rights must be protected.
