How Is A DWI Defined Under New Jersey Law?

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How Is A DWI Defined In New Jersey? Under What Criminal Category Would It Fall?

In New Jersey, DWI is not classified as a crime but as a motor vehicle violation. But it can have rather significant consequences. On the first offense, the court-imposed fines and penalties can range up to $889 revocation of the driving privileges of up to a year. The person can be required to have an alcohol ignition interlock device installed on their car during the period of revocation and up to one year after that. They have to attend something called the Intoxicated Driver Resource Center [“IDRC”] for either two six-hour sessions or one 48-hour session.

Administratively, the New Jersey Motor Vehicle Commission [“NJMVC”] and the Department of Health will assess and collect a series of surcharges or taxes and other fees totaling at least $4,069 and as much as $5,569, depending on how many prior offenses you have and the timing of your priors. If you do not pay fines, you get arrested. If you do not pay surcharges or fees, your driving privileges are revoked and a civil judgment can be filed against you. It is always in your best interest to contact a New Jersey DWI attorney if you are facing a first time DUI / DWI charge in New Jersey.

Defend A Second Or Subsequent Offense Of DWI Charged In New Jersey

For second offenses, the fines can be as much as $1,389. There is a two-year revocation of driving privileges and an alcohol ignition interlock requirement for the period of revocation and up to three years after the person is eligible to get their license back. After two years, a person can get a limited license where the privilege to drive is restricted only to those vehicles equipped with an alcohol ignition interlock. There is a mandatory jail term of no less than two years and no more than ninety days, although a two-day jail term is almost routinely commuted to 48 hours at the IDRC.

Finally, there is a requirement that the person convicted should perform 30 days of community service. One day equals six hours. The person is expected to do community service at the rate of one day per week if working and two days per week if not. Contact an experienced and qualified Asbury Park NJ DUI Attorney if you are facing a drunken driving charge in New Jersey.

For a third or subsequent offense, there is a six-month jail term. This is a hard six months because the person convicted is expected to serve every single day of the sentence. There is revocation of driving privileges of ten years and, like the second offense, there is an additional period of alcohol ignition interlock that goes one to three years beyond that. Fines and assessments total $1,389. You also get NJMVC surcharges regardless of whether it is a first, second or third offense.

In New Jersey, unlike most other states, a DWI offense is not treated as a crime, even though the offender can be jailed for six months and forfeit driving privileges for ten years, among other things. In all these cases, consult with an experienced Asbury Park DWI Lawyer in New Jersey to defend your case. An experienced DUI defense attorney is familiar with the local laws of the state and knows how to defend your case.

For second offenses, the fines can be as much as $1,389. There is a two-year revocation of driving privileges and an alcohol ignition interlock requirement for the period of revocation and up to three years after the person is eligible to get their license back. After two years, a person can get a limited license where the privilege to drive is restricted only to those vehicles equipped with an alcohol ignition interlock. There is a mandatory jail term of no less than two years and no more than ninety days, although a two-day jail term is almost routinely commuted to 48 hours at the IDRC.

New DWI Penalties Take Effect In New Jersey On December 1, 2019.

For people charged in New Jersey with DWI on or after December 1, 2019, new penalties for driving privilege revocation and alcohol ignition interlock become effective. I’ll tell you more in future newsletters.

Read on to know How a DUI Is Defined under New Jersey Law or call the law office of New Jersey DWI Attorney John Menzel, J.D. for an Initial Consultation at (732) 218-9090 and get the information and legal answers you’re seeking.