How can Blood Alcohol Concentration Affect My DWI Charge?

If a person is pulled over for drinking and driving, they can be charged with Driving While Intoxicated (DWI). When they are stopped on the road, a law enforcement officer typically administers field sobriety tests. The police may eventually bring the driver back to the police department for further testing, specifically by administering testing on the Alcotest machine. This is done to determine the driver’s blood alcohol concentration (BAC). In the state of New Jersey, the legal limit for a driver’s BAC is 0.08%. If the driver is under 21 years of age, the limit is 0.01%. When a driver’s BAC is over the legal limit, they can be charged with a DWI. 

Consequences of a DWI

Law enforcement and courts in the state of New Jersey are strict in handling DWI cases. If convicted, the offender can face serious penalties. These can vary depending on the offense. If the individual is a subsequent offender, the penalties are worse. For a first-time offense, the driver can face the following consequences:

  • A maximum of 30 days of incarceration
  • License suspension for 3 to 12 months
  • A fine between $250 and $400
  • $1000 surcharge every year for 3 years
  • $100 fee for the Alcohol Education and Rehabilitation Fund
  • $100 Drunk Driving fee
  • $75 Neighborhood Services Fund fee
  • 12-48 hours in the Intoxicated Driver Resource Center

For a driver under the age of 21, they may be subject to the following penalties:

  • License suspension between 30 and 90 days
  • Community service for 15 to 30 days
  • Completion of the Intoxicated Driver Resource Center programs
  • Related fees

High BAC

Drivers who have a BAC over 0.10% will face more severe penalties due to the high BAC level. When a driver is convicted of a high BAC, they can face the following consequences:

  • Up to 30 days of incarceration
  • License suspension for 7-12 months
  • A fine between $300 and $500 
  • $100 fee for the Alcohol Education and Rehabilitation Fund
  • $100 Drunk Driving fee
  • $75 Neighborhood Services Fund fee
  • 12-48 hours in the Intoxicated Driver Resource Center
  • Installation of an ignition interlock device during the license suspension and 6-12 months after the license is restored

It is important to know that the state of New Jersey does not issue hardship licenses. A suspended driver’s license for DWI means that the person cannot under any circumstances drive a motor vehicle without incurring additional consequences.

Contact our Firm

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 Katcher Law Group, P.C. is here to help. Contact our firm today.