DWI Consequences in New Jersey

Driving while intoxicated (DWI) is a very serious offense in the state of New Jersey. State law enforcement officers and courts are working hard to prevent them by holding drivers responsible for their actions. Penalties for DWI charges may range from harsh fines to possible jail time. A driver in New Jersey can be found guilty of a DWI if their blood alcohol concentration (BAC) is over the legal limit of 0.08%. Law enforcement officers use Breathalyzers and Alcotests to determine a driver’s BAC. If you have been charged with a DWI, it is important to speak with an experienced attorney to guide you through your case.

First Offense 

When a driver is pulled over for a first time DWI, they may face many harsh consequences. If a driver is found with a BAC over 0.08%, but under 0.10%, those consequences may include:

  • Up to 30 days in jail
  • Loss of license for 3 months
  • A $1000 yearly surcharge for 3 years
  • A fine between $250 and $400
  • 12-48 hours in the Intoxicated Driver Resource Center
  • A $100 Alcohol Education and Rehabilitation Fund fee
  • A $100 Drunk Driving Fund Fee
  • A $75 Neighborhood Services Fund Fee

Second Offense 

If a driver is charged for driving while intoxicated a second time, they may face more serious penalties. These may consist of:

  • Possible 90 days in jail
  • Loss of license for 2 years
  • A $1000 yearly surcharge for 3 years
  • A fine between $500 and $1000
  • 12-48 hours in the Intoxicated Driver Resource Center
  • A $100 Drunk Driving Fund Fee
  • A $75 Neighborhood Services Fund Fee
  • A $100 Alcohol Education and Rehabilitation Fund fee

Third Offense 

Drivers who receive a third DWI charge within 10 years of their first charge are subject to very severe consequences. This may include:

  • Up to 180 days in jail
  • License suspension for 10 years
  • A $1500 yearly surcharge for 3 years
  • A $1000 fine
  • 12-48 hours in the Intoxicated Driver Resource Center
  • A $100 Alcohol Education and Rehabilitation Fund fee
  • A $100 Drunk Driving Fund Fee
  • A $75 Neighborhood Services Fund Fee

Challenging a DWI

When facing a DWI charge, it is important to have an attorney that will consider the following situations to assist your case:

  • Illegal Stops: Officers must have a valid reason for pulling over a driver. If they did not have one, evidence from the stop may be thrown out in court.
  • 20-Minute Rule: Officers must conduct an assessment of the driver’s condition. This assessment must be at least 20 minutes. If the assessment was less than that, it is possible for the charges to be dismissed.
  • Field Sobriety Tests: Officers may administer tests to determine a level of intoxication. Certain guidelines must be followed: reading the instructions before the test, demonstrating the test, allowing drivers to remove high heels, and recognizing any health issues that may prevent the driver from passing.

Contact our Firm

If you have been pulled over for a DWI and wish to speak with an attorney about challenging your case, contact REM Law Group P.C. today.

If you or your family member has been charged with a DWI, having an experienced criminal defense team available to advocate on your behalf is crucial. The Rem Law Group, P.C. is here to help. Contact our firm today.