DWI/DUI - Drunk Driving Laws And Attorneys In New Jersey
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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NEW JERSEY DRIVING UNDER THE INFLUENCE (DUI) LAW
In New Jersey, a person with a BAC of 0.08% or greater who operates a
motor vehicle or a boat is considered to be driving under the influence
(DUI).
In New Jersey if you get arrested for a DUI, you must take a Breathalyzer
test. When you get your license in New Jersey, you give consent for this
test, known as "implied consent." If you refuse to take a Breathalyzer
test, you will be detained and brought to a hospital where hospital staff
may draw blood.
If you refuse a Breathalyzer test, you will face the same loss of driving
privileges as a DUI offense.
Mandatory Fines And Penalties For A New Jersey DUI
First Offense - .10 BAC or greater
a) License Suspension: 7 months - 1 year
b) Fine, Fees And Surcharges: $300-$500 fine, $230 IDRC (Intoxicated
Driver Resource Center) fee, $100 to drunk driving fund, $100 to AERF(
Alcohol Education and Rehabilitation Fund ), $1,000/year (for 3 years)
surcharge, $75 to Neighborhood Services Fund
c) Program Requirement: 12 hours minimum and up to 48 hours in
IDRC (Intoxicated Driver Resource Center)
d) Prison Term - Up to 30 days in jail
First Offense - BAC greater than 0.08% but less than 0.10%
a) License Suspension: 3 months
b) Fine, Fees And Surcharges: $250-$400 fine, $230 IDRC (Intoxicated
Driver Resource Center) fee, $100 to drunk driving fund, $100 to AERF(
Alcohol Education and Rehabilitation Fund ), $1,000/year (for 3 years)
surcharge, $75 to Neighborhood Services Fund
c) Program Requirement: 12 hours minimum and up to 48 hours in
IDRC (Intoxicated Driver Resource Center)
d) Up to 30 days jail
Second Offense - Within 10 years
a) License Suspension: 2 years
b) Fine, Fees And Surcharges: $500-$1000 fine, $280 IDRC (Intoxicated
Driver Resource Center) fee, $100 to drunk driving fund, $100 to AERF(
Alcohol Education and Rehabilitation Fund ), $1,000/year (for 3 years)
surcharge, $75 to Neighborhood Services Fund
c) Community Service And Program Requirement: 30 days
and 12 - 48 hours IDRC (Intoxicated Driver Resource Center)
d) 48 hours to 90 days jail
Third Offense - Within 10 years
a) License Suspension: 10 years
b) Fine, Fees And Surcharges: $1000 fine, $280 IDRC (Intoxicated Driver
Resource Center) fee, $100 to drunk driving fund, $100 to AERF( Alcohol
Education and Rehabilitation Fund ), $1,500/year (for 3 years)
surcharge, $75 to Neighborhood Services Fund
c) Community Service And Program Requirement: Up to 90 days (can
reduce period of imprisonment) and 12 - 48 hours IDRC (Intoxicated
Driver Resource Center)
d) 180 days jail
Note: Additional penalties and fines may be implied if in a school zone
or other factors are involved. Alcohol and drug-related offenses require
completion of an alcohol screening and evaluation program. Failure to
pay DUI surcharges will result in Indefinite suspension of driving
privileges and action filed in State Superior Court by MVC. This may
include securing a lien against your property, garnishing your wages or
other similar action
If you are under 21 years old and are convicted for driving or boating
with a BAC of .01% or higher, the following penalties apply:
a) 30 -90 day license suspension
b) Possible combination of the minimum sentences above and select
c) DUI Mandatory Fines and Penalties, depending on the situation
d) 15 - 30 days mandatory community service
e) Participation in alcohol education and highway safety programs at an
Intoxicated Driver Resource Center
f) If you are unlicensed and under 17 years of age at the time of the
incident, you are subject to a 30 - 90 day delay in processing your driver
license
Commercial driver license violations:
Your Commercial Driver License (CDL) is at risk if you are convicted of
any violations, even those involving non-commercial motor vehicles.
a) Initial DUI conviction in a passenger vehicle will result in a three to 12 -
month basic driver license suspension and a one-year CDL suspension
b) Second DUI conviction in a passenger vehicle will result in a two -
year basic driver license suspension and a permanently revoked CDL
Driving with a DUI suspension
You may face a 1 to 2 year license suspension, a $500 fine and a
$250/year (for 3 years) surcharge , plus a prison term of 10 - 90 days if
caught driving with a suspended license in New Jersey.
Ignition interlock device
If your license was suspended because of a DUI offense, the court may
require you to get an ignition interlock device to fully restore your driving
privileges. This device is attached to your vehicle with a built-in
Breathalyzer and prevents the vehicle from starting if your BAC exceeds
0.05%.
First DUI offense: Installation of interlock device for six months to one
year
Second DUI offense: Installation of interlock device for one to three
years or a two year suspension of registration privileges
Third DUI offense: Installation of interlock device for one to three years
as a condition of restoring your driving privileges or a 10 year
suspension of registration privileges
If the court sentences you to get an interlock device, you will receive a
notice of suspension from MVC with instructions on how to obtain the
device.
Find DWI/DUI Lawyers And Attorneys In New Jersey
In New Jersey, a person with a BAC of 0.08% or greater who operates a
motor vehicle or a boat is considered to be driving under the influence
(DUI).
In New Jersey if you get arrested for a DUI, you must take a Breathalyzer
test. When you get your license in New Jersey, you give consent for this
test, known as "implied consent." If you refuse to take a Breathalyzer
test, you will be detained and brought to a hospital where hospital staff
may draw blood.
If you refuse a Breathalyzer test, you will face the same loss of driving
privileges as a DUI offense.
Mandatory Fines And Penalties For A New Jersey DUI
First Offense - .10 BAC or greater
a) License Suspension: 7 months - 1 year
b) Fine, Fees And Surcharges: $300-$500 fine, $230 IDRC (Intoxicated
Driver Resource Center) fee, $100 to drunk driving fund, $100 to AERF(
Alcohol Education and Rehabilitation Fund ), $1,000/year (for 3 years)
surcharge, $75 to Neighborhood Services Fund
c) Program Requirement: 12 hours minimum and up to 48 hours in
IDRC (Intoxicated Driver Resource Center)
d) Prison Term - Up to 30 days in jail
First Offense - BAC greater than 0.08% but less than 0.10%
a) License Suspension: 3 months
b) Fine, Fees And Surcharges: $250-$400 fine, $230 IDRC (Intoxicated
Driver Resource Center) fee, $100 to drunk driving fund, $100 to AERF(
Alcohol Education and Rehabilitation Fund ), $1,000/year (for 3 years)
surcharge, $75 to Neighborhood Services Fund
c) Program Requirement: 12 hours minimum and up to 48 hours in
IDRC (Intoxicated Driver Resource Center)
d) Up to 30 days jail
Second Offense - Within 10 years
a) License Suspension: 2 years
b) Fine, Fees And Surcharges: $500-$1000 fine, $280 IDRC (Intoxicated
Driver Resource Center) fee, $100 to drunk driving fund, $100 to AERF(
Alcohol Education and Rehabilitation Fund ), $1,000/year (for 3 years)
surcharge, $75 to Neighborhood Services Fund
c) Community Service And Program Requirement: 30 days
and 12 - 48 hours IDRC (Intoxicated Driver Resource Center)
d) 48 hours to 90 days jail
Third Offense - Within 10 years
a) License Suspension: 10 years
b) Fine, Fees And Surcharges: $1000 fine, $280 IDRC (Intoxicated Driver
Resource Center) fee, $100 to drunk driving fund, $100 to AERF( Alcohol
Education and Rehabilitation Fund ), $1,500/year (for 3 years)
surcharge, $75 to Neighborhood Services Fund
c) Community Service And Program Requirement: Up to 90 days (can
reduce period of imprisonment) and 12 - 48 hours IDRC (Intoxicated
Driver Resource Center)
d) 180 days jail
Note: Additional penalties and fines may be implied if in a school zone
or other factors are involved. Alcohol and drug-related offenses require
completion of an alcohol screening and evaluation program. Failure to
pay DUI surcharges will result in Indefinite suspension of driving
privileges and action filed in State Superior Court by MVC. This may
include securing a lien against your property, garnishing your wages or
other similar action
If you are under 21 years old and are convicted for driving or boating
with a BAC of .01% or higher, the following penalties apply:
a) 30 -90 day license suspension
b) Possible combination of the minimum sentences above and select
c) DUI Mandatory Fines and Penalties, depending on the situation
d) 15 - 30 days mandatory community service
e) Participation in alcohol education and highway safety programs at an
Intoxicated Driver Resource Center
f) If you are unlicensed and under 17 years of age at the time of the
incident, you are subject to a 30 - 90 day delay in processing your driver
license
Commercial driver license violations:
Your Commercial Driver License (CDL) is at risk if you are convicted of
any violations, even those involving non-commercial motor vehicles.
a) Initial DUI conviction in a passenger vehicle will result in a three to 12 -
month basic driver license suspension and a one-year CDL suspension
b) Second DUI conviction in a passenger vehicle will result in a two -
year basic driver license suspension and a permanently revoked CDL
Driving with a DUI suspension
You may face a 1 to 2 year license suspension, a $500 fine and a
$250/year (for 3 years) surcharge , plus a prison term of 10 - 90 days if
caught driving with a suspended license in New Jersey.
Ignition interlock device
If your license was suspended because of a DUI offense, the court may
require you to get an ignition interlock device to fully restore your driving
privileges. This device is attached to your vehicle with a built-in
Breathalyzer and prevents the vehicle from starting if your BAC exceeds
0.05%.
First DUI offense: Installation of interlock device for six months to one
year
Second DUI offense: Installation of interlock device for one to three
years or a two year suspension of registration privileges
Third DUI offense: Installation of interlock device for one to three years
as a condition of restoring your driving privileges or a 10 year
suspension of registration privileges
If the court sentences you to get an interlock device, you will receive a
notice of suspension from MVC with instructions on how to obtain the
device.
Find DWI/DUI Lawyers And Attorneys In New Jersey
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