How Is A DWI Defined Under New Jersey Law?

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How Is A Dwi / Dui Defined In New Jersey? Under What Criminal Category Would It Fall?

In New Jersey, DWI / DUI is not classified as a crime but as a motor vehicle violation. But it can have rather significant consequences. On the first offense, court-imposed fines and penalties can range up to $890, revocation of the driving privileges can range up to a year, alcohol ignition interlock restrictions can last up to 15 months following driving privilege revocation, and the offender must 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 between about $4,000 and $6,000, depending on how many prior offenses and the timing of those offenses. If fines are not paid, the court can issue an arrest warrant. If surcharges or fees are not paid, NJMVC can revoke driving privileges and get a civil judgment for those that remain unpaid. These civil assessments increase with statutory attorney fees and judgment rate interest as long as these assessments remain unpaid. It is always in your best interest to contact a New Jersey DWI / DUI attorney if you are facing a first time DWI / DUI charge in New Jersey.

Why Defend A Second Offense Of DWI / DUI Charged In New Jersey?

For second offenses, the fines can be as much as $1,390. There is a one-to-two-year revocation of driving privileges and an alcohol ignition interlock requirement for the period of revocation and up to four years after the person is eligible to get their license back. After the one-to-two-year revocation, 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 90 days, although a two-day jail term is almost routinely commuted to 48 hours in an 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 New Jersey DWI / DUI attorney if you are facing a second DWI / DUI charge.

How Serious Is A Third Or Subsequent DWI / DUI Offense 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 a revocation of driving privileges for eight years and, like the second offense, there is an additional period of alcohol ignition interlock that goes two to four years beyond that. Fines and assessments total $1,390. 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 / DUI offense is not treated as a crime, even though the offender can be jailed for six months and forfeit driving privileges for eight years, among other things. Because of the seriousness of the consequences for a third or subsequent DWI / DUI offense, it is essential to contact an attorney concentrating his or her practice in defending DWI / DUI offenses.

DWI / DUI Penalties For Offenses Before December 1, 2019, Are Different.

For people charged in New Jersey with DWI / DUI before December 1, 2019, penalties for driving privilege revocation are longer and alcohol ignition interlock are shorter. All other aspects of the penalties are the same. In all these cases, consult with an experienced Asbury Park DWI / DUI lawyer in New Jersey to defend your case. An experienced DUI defense attorney is familiar with state laws and knows how to defend your case.

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.