The following article was written by Gregory Cannarozzi and can be found on New-Jersey-Lawyers.com
New Jersey DWI/DUI Penalties
Driving while intoxicated (DWI) and driving under the influence of CDS constitute very serious offenses in New Jersey. The consequences of driving while intoxicated, as well as driving under the influence of CDS include personal injuries, property damage, and even death. As a result, New Jersey has some of the strictest laws in the United States of those convicted of DWI/DUI charges; the severe penalties are intended to deter drivers from getting behind the wheel after drinking or while under the influence of controlled dangerous substances.
First Offense – DWI
In most states, driving while intoxicated is a crime. In New Jersey there are neither misdemeanors nor felonies. New Jersey takes the position that an offense for driving while intoxicated (as well as DUI) is a “quasi-criminal” offense, which means that there is a potential for incarceration, which becomes mandatory on the third or subsequent offense for a DWI, under most circumstances. In New Jersey, DWIs are segregated by tiers. If an individual’s blood alcohol is at least .08%, but less then .10% then there is a presumption of intoxication at that level of reading resulting in, upon conviction or a guilty plea:
- A license suspension of 3 months
- A fine of $250 to $400
- A fee of $230 to the Intoxicated Driver Resource Center (IDRC)
- A fine of $100 payable to the Drunk Driving Fund
- A fine of $100 to the Alcohol Education and Rehabilitation Fund (AERF)
- A surcharge of $1,000/year for 3 years imposed by the NJMVC, which is a law applicable to all out of state drivers
- A $75 fee to the Neighborhood Services Fund
- A prison term of up to 30 days, which can be suspended
- A mandatory 12 to 48 hours on 2 consecutive days in an IDRC program
- Additional surcharge of $100.00
- Possible installation of an alcohol interlock device for 6 months to 1 year
The balance of this article can be found here.
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