The Fines and Penalties of a DWI in New Jersey

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The penalties for a DWI in New Jersey differ depending on your BAC at the time of arrest and whether you have a previous history of drunk driving charges. When a person drives a motor vehicle with a blood alcohol concentration (BAC) of at least.08 percent, he or she is guilty of driving under the influence of alcohol. N.J.S.A 39:4-50 defines the.08 percent BAC cap as a per se violation. The following is a list of penalties that the Court will impose on those found guilty of driving a motor vehicle with a blood alcohol concentration (BAC) of.08 percent or higher.

1st Offense:

BAC level is greater than 0.08 percent, but less than 0.10 percent:

$250- $400 Court fine upon Guilty findingImprisonment up to 30 days (rarely imposed)Loss of driver’s license until ignition interlock is obtained and installed into your registered vehicle for a period of 3 months.Mandatory participation in the Intoxicated Driver Resource Center program (IDRC) for 12-48 hours.3 years of State Surcharges of $1,000.00 per year (paid after conviction and not to the Court)

BAC level is greater than 0.10 percent, but less than 0.15 percent:

$300- $500 Court fine upon Guilty plea or sentenceImprisonment up to 30 days (rarely imposed)Loss of driver’s license until ignition interlock is obtained and installed into your registered vehicle for a period between 7 to 12 monthsMandatory participation in the Intoxicated Driver Resource Center program (IDRC)for 12-48 hours3 years of State Surcharges of $1,000.00 per year (paid after conviction to the State)

2nd Offense:

BAC level is greater than 0.08 percent:

$500- $1,000.00 Court fine upon Guilty plea or sentenceImprisonment for at least 48 consecutive hours, and up to 90 days (potentially could be served in IDRC)Loss of N.J. driving privileges for at least 1 year up to 2 years30 days Community ServiceEvaluation and Completion of Intoxicated Driver Resource Center program (IDRC)Ignition Interlock Installation for 2 to 4 years after restoration of NJ Driver’s License3 years of State Surcharges of $1,000.00 per year (paid after conviction to the State)

3rd or Subsequent Offense:

BAC level is greater than 0.08 percent

$1,000.00 Court fine upon Guilty plea or sentenceImprisonment for at least 180 days (6 months), except the Court can credit 90 days of Imprisonment if served in an Impatient rehabilitation Center that is approved by Court8 years of N.J. Driver’s license suspension.30 days Community ServiceEvaluation and Completion of Intoxicated Driver Resource Center program (IDRC)Ignition Interlock Installation for 2 to 4 years after restoration of NJ Driver’s License3 years of State Surcharges of $1,500.00 per year (paid after conviction to the State)

If you have been arrested for drunk driving and facing DWI charges, it is imperative that you immediately contact a New Jersey DWI lawyer who has the experience and resources to protect your legal rights.