Stay Informed
What's the law?
In New Jersey, driving while intoxicated (DWI) is a serious offense that carries severe consequences.
N.J.S.A. 39:4-50 states that a person can be found guilty of driving while intoxicated if it is established that the person operated a motor vehicle while under the influence of intoxicating liquor (with a BAC of .08% or higher), narcotic, hallucinogenic or habit producing drug or knowingly permits another to do so.
In New Jersey, if an Officer/Trooper suspects that a driver of a vehicle is intoxicated the Officer/Trooper will ask the driver to exit the vehicle and conduct a series of standardized tests, known as Standard Field Sobriety Tests (SFSTs). Based on how the driver performs the SFSTs, the Officer/Trooper will formulate an opinion as to whether the driver is under the influence.
If the Officer/Trooper opines that the driver is driving while intoxicated, the driver will be placed under arrest and be required to submit breath samples to determine the driver’s BAC (Alcotest). Should the driver refuse to submit to the breath tests they may face additional charges.
Penalties
If a person is found guilty of driving while intoxicated, they will be exposed to the following consequences:
Fines: $250 – $400
Jail: up to 30 days
License Forfeiture (Suspension): indefinitely until installation of Ignition Interlock Device
Ignition Interlock Device: 3 months
Intoxicated Driver Resource Center (IDRC): 12 – 48 hours
Automobile Insurance Surcharge: $1,000 per year for 3 years
Fines: $300 – $500
Jail: up to 30 days
License Forfeiture (Suspension): indefinitely until installation of Ignition Interlock Device
Ignition Interlock Device: 7 – 12 months
Intoxicated Driver Resource Center (IDRC): 12 – 48 hours
Automobile Insurance Surcharge: $1,000 per year for 3 years
Fines: $300 – $500
Jail: up to 30 days
License Forfeiture (Suspension): indefinitely until installation of Ignition Interlock Device and then 4 – 6 months thereafter
Ignition Interlock Device: Must be installed during the period of license forfeiture and then an additional 9 – 15 months
Intoxicated Driver Resource Center (IDRC): 12 – 48 hours
Automobile Insurance Surcharge: $1,000 per year for 3 years
Fines: $300 – $500
Jail: up to 30 days
License Forfeiture (Suspension): 7 – 12 months
Ignition Interlock Device: N/A
Intoxicated Driver Resource Center (IDRC): 12 – 48 hours
Automobile Insurance Surcharge: $1,000 per year for 3 years
Fines: $500 – $1000
Community Service: 30 days
Jail: Minimum of 48 hours and a maximum of 90 days
License Suspension: 1 – 2 years
Ignition Interlock Device: Must be installed for duration of forfeiture (1 – 2 years) period and then an additional 2 – 4 years
Intoxicated Driver Resource Center (IDRC): Completion of evaluation, referral and program requirements
Automobile Insurance Surcharge: $1,000 per year for 3 years
Fines: $1000
Community Service: 30 days
Jail: 180 days
License Suspension: 8 years
Ignition Interlock Device: Must be installed for duration of suspension (8 years) and 2 – 4 years thereafter
Intoxicated Driver Resource Center (IDRC): Completion of evaluation, referral and program requirements
Automobile Insurance Surcharge: $1,500 per year for 3 years
If a driver suspected of driving while intoxicated and refuses to submit breath samples (Alcotest), they may be exposed to the following:
Fines: $300 – $500
License Forfeiture (Suspension): indefinitely until installation of Ignition Interlock Device
Ignition Interlock Device: 9 – 15 months
Intoxicated Driver Resource Center (IDRC): 12 – 48 hours
Automobile Insurance Surcharge: $1,000 per year for 3 years
Fines: $500 – $1000
License Suspension: 1- 2 years
Ignition Interlock Device: Must be installed for duration of suspension (1 – 2 years) and 2 – 4 years thereafter
Intoxicated Driver Resource Center (IDRC): 48 hours consecutive detainment
Automobile Insurance Surcharge: $1,000 per year for 3 years
Fines: $1000
License Suspension: 8 years
Ignition Interlock Device: Must be installed for duration of suspension (8 years) and 2 – 4 years thereafter
Intoxicated Driver Resource Center (IDRC): Referral to an Intoxicated Resource Center
Automobile Insurance Surcharge: $1,500 per year for 3 years
In addition to the above, those found guilty of DWI or Refusal, will have to pay the following: $100 surcharge to the Drunk Driving Enforcement Fund; A Motor Vehicle Restoration fee of $100; Intoxicated Driving Program Fee of $100; Violent Crimes Compensation Fund fee of $50; and Safe and Secure Community Program fee of $75.
Getting the right attorney is a must
Even though DWI is considered a traffic offense, the punishment can be devastating. If you are charged with a DWI it is important that you retain an attorney who has the knowledge and experience needed to get you the best possible outcome.
together we will
01
Get the evidence
The first step is getting any and all evidence that the State believes they have against you.
02
review and analyze evidence
Together we will review and analyze the evidence provided. We will assess the legality of the stop, the accuracy of the standardized testing, and the scientific reliability of the breath test if applicable.
03
Get the best result possible
We expose and highlight the weaknesses in the State’s case and use this to negotiate a favorable plea agreement or prepare for trial.
Let us help get your life back on track.
Take the first step here and contact us for your free consultation.