New Jersey DUI License Suspension – DUI Offense Penalties
You face mandatory revocation of your New Jersey driving privilege if you are convicted of drunk driving, breath test refusal, driving while suspended or revoked, or driving without insurance, and you must surrender your New Jersey driver’s license to the municipal court. If you are licensed outside of New Jersey, you are not required to surrender your out-of-state driver’s license, but the municipal court will still revoke your New Jersey driving privilege. Your privilege to drive anywhere outside of New Jersey is subject to the law of your home state.
Driving privilege revocation is effective on conviction. You will retain your driving privilege until your case is adjudicated in municipal court. If convicted, the municipal court can grant a stay of execution of sentence, meaning that you can retain your driving privilege while your conviction is on appeal. Whether a stay is granted is in the discretion of the municipal court. Even if a stay is granted, the New Jersey Motor Vehicle Commission [“MVC”] will automatically enter the conviction because the Automated Traffic System [“ATS”] which is the direct communication link between the municipal courts and MVC, has no provision for entering a stay pending appeal. When you receive written confirmation of suspension from MVC, you or your attorney should notify MVC immediately that a stay is in effect.
There are no work licenses in New Jersey. This means that, during the period of revocation, you may not drive for any reason whatsoever in New Jersey. If you do and are caught, you face additional driving privilege revocation and mandatory jail time. In some cases, you can be indicted for a crime that requires a minimum jail term of six months and further revocation of your New Jersey driving privilege for between one and two-and-one-half years
John Menzel, J.D., has defended people charged with criminal, traffic, drunk driving, and related offenses in New Jersey since 1987. For more information, click on the following topics.
How Long Can My Driver’s License Be Suspended In New Jersey?
The length of time your driver’s license can be suspended in New Jersey after a DUI charge depends on your blood alcohol content (BAC) and whether you have a previous DUI on your record.
The minimum license suspension penalty for a BAC of 0.08% to 0.1% is three months. For a BAC equal to or greater than 0.1%, your license can be suspended between seven months and one year.
If you have multiple DUIs in 10 years, the license suspension penalties increase with each offense. A second offense carries a two-year penalty, and for a third offense, the suspension increases to 10 years.
A license suspension lawyer will help you understand the potential penalties you may be facing after a DUI. In addition, a suspended license defense attorney can assist you with reinstating your driver’s license if it has been suspended.
- When and How to Plead
- What the State Must Prove to Convict You
- What the State Must Prove to Show a Breathalyzer Reliability
- Documents Drunk Driving Defendants Should See Before Deciding What to Do
- Documents Breath Test Refusal Defendants Should See Before Deciding What to Do
- Additional Trial Preparation: When to Hire an Expert
- Your Constitutional Rights
- Your Statutory Obligations
- Dos and Don’ts When Stopped for Drunk Driving
- Dos and Don’ts When Arrested for Drunk Driving
- Drunk Driving: First Offense Penalties
- Drunk Driving: Second Offense Penalties
- Drunk Driving: Third Offense Penalties
- Breath Test Refusal: First Offense Penalties
- Breath Test Refusal: Second Offense Penalties
- Breath Test Refusal: Third Offense Penalties
- Underage Operation with Blood Alcohol Content in Excess of 0.01 %
- If You Are Charged with an Offense
- The Steps of Drunk Driving Litigation
ABOUT JOHN MENZEL, J.D.
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