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In New Jersey, DWI cases which have not been classified as felony are generally not considered as criminal activity but the consequences for a DWI case and especially subsequent DWI cases can have serious consequences. At MyDUIAttorney, we can provide you with the basic information regarding DWI in New Jersey; however, we may not be able to tell you everything you need to know about your particular DWI case. Therefore, we strongly advise you to start searching for a capable New Jersey DWI lawyer who is knowledgeable about New Jersey court system and its proceedings.

In New Jersey, DWI is classified as a “motor-vehicle violation” rather than as a “crime. However, it is illegal to operate a motor vehicle with a Blood Alcohol Content of 0.08 or greater. People under the age of 21, according to the New Jersey State law, are not allowed to operate a vehicle with a Blood Alcohol Content of 0.01 or greater. Adults with commercial driver's licenses, on the other hand, are not allowed to operate a motor vehicle with a Blood Alcohol Content of 0.04 or more.

The State of New Jersey also has laws against drivers who have minors or children in their vehicle at the time of DWI arrest; they may be charged with disorderly persons offense or with child endangerment if they have a high Blood Alcohol Content. Apart from this, if the offender's DWI case involves the death of a person, then the case will be considered as a first or second degree vehicular homicide and dealt with accordingly.

 

New Jersey DWI Penalties

 

Following will provide you with information regarding the penalties set by the State of New Jersey for the different types of DWI cases. You can see what penalties can be imposed on you depending upon your DWI case; your DWI lawyer can help you in reducing these penalties and can guide you through them. Do keep in mind that aggravating factors like refusing to take a Chemical Test.

 

First DWI Offense New Jersey With BAC Greater Than 0.08% and Less Than 0.10%


Jail Time: First DWI offense can lead up to a jail time of 30 days.
License Suspension: Your license will be suspended for 90 days.
Ignition Interlock Device: You will be required to install an ignition interlock device at your own expense.
Fine: You will have to pay a total fine of $3,400 or more. Which includes paying $1000 each year for a period of 3 years, $250 - $400 DWI fine, $100 as drunk driving fund, $75 as neighborhood charges and more.
Community Service: You will be asked to perform community service for about 24-48 hours.
DWI near school property: If a DWI has been committed on any school property or within 1000 feet of such property, the fines and penalties are much harsh as compared to a normal DWI offense. For your first DWI you will be charged a fine of $500 to $800, jail time of up to 60 days and license suspension of one to two years.
 

First DWI Offense New Jersey With BAC Greater Than 0.10%


Jail Time: First DWI offense can lead up to a jail time of 30 days.
License Suspension: Your license will be suspended for 6 months – 1 year.
Ignition Interlock Device: You will be required to install an ignition interlock device at your own expense.
Fine: You will have to pay a total fine of $3,400 or more. Which includes paying $1000 each year for a period of 3 years, $250 - $400 DWI fine, $100 as drunk driving fund, $75 as neighborhood charges and more.
Community Service: You will be asked to perform community service for about 24-48 hours.
 

Second DWI Offense New Jersey

 

If you have been charged for a DWI again within 10 years of first DWI, it will be your second DWI offense in New Jersey.

Jail Time: Second DWI offense can lead up to a jail time of 98 hours - 90 days.
License Suspension: Your license will be suspended for 2 years.
Ignition Interlock Device: You will be required to install an ignition interlock device at your own expense for about 1-3 years.
Fine: You will have to pay a total fine of $4,000 or more. Which includes paying $1000 each year for a period of 3 years, $500 - $1000 DWI fine, $100 as drunk driving fund, $75 as neighborhood charges and more.
Community Service: You will be asked to perform community service for up to 30 days.
DWI near school property: If a DWI has been committed on any school property or within 1000 feet of such property, the fines and penalties are much harsh as compared to a normal DWI offense. For your second DWI you will be charged a fine of $1000 to $2000, jail time of 96 hours minimum and 180 days maximum, license suspension of four years and community service of 60 days.
 

Third DWI Offense New Jersey

 

If you have been charged for a DWI again within 10 years of second DWI, it will be your third DWI offense in New Jersey.

Jail Time: Third DWI offense can lead up to a jail time of 180 days.
License Suspension: Your license will be suspended for 10 years.
Ignition Interlock Device: You will be required to install an ignition interlock device at your own expense for about 1-3 years.
Fine: You will have to pay a total fine of $5,500 or more. Which includes paying $1500 each year for a period of 3 years, $1000 DWI fine, $100 as drunk driving fund, $75 as neighborhood charges and more.
Community Service: You will be asked to perform community service for up to 90 days.
DWI near school property: If a DWI has been committed on any school property or within 1000 feet of such property, the fines and penalties are much harsh as compared to a normal DWI offense. For your third DWI you will be charged a fine of $2000 with a jail time of 30 days maximum. Your license will be suspended for 20 years if all DWI’s are committed near a school property.

To fully understand the penalties associated with a New Jersey DUI charge, it is strongly recommended that you consult with a New Jersey DUI lawyer that you are most comfortable with and who can knowledgeably represent you throughout your trial and court proceedings.  You can find a New Jersey drunk driving attorney by typing in the city of your arrest above or call our 24 hour DUI hotline

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