New Jersey DWI sentencing following a DWI conviction, or a DWI Plea can be quite severe. In New Jersey a DWI is a traffic violation in most instances and not a criminal offense as it is in other states. The Penalties for drunk driving increase as the legal limit is exceeded as shown below. There is of course an overriding deterrent effect in theory for the severity of penalties and the State's goal to penalize a driver deter future drunk driving.
Drunk driving convictions result in more severe penalties for a repeat offender in the event of a future offense. To avoid the harshest penalties on your first DWI conviction in New Jersey our advice is to seek out an experienced DUI attorney to protect your interests through the process.
The penalties for a first offense driving under the influence, DWI or DUI in New Jersey in the most basic case are affected by the driver's blood alcohol content (BAC) which is the result received from a breathalyzer test at the police station or a blood test obtained in the hospital.
There are many other factors to be considered even when the DWI conviction is for a first offense. The reason and circumstances of the arrest can be a big factor. For example, was there an accident involved? If there was an accident, did it result in an injury? If there was an injury considered serious bodily injury this can elevate a charge from a traffic offense to a serious criminal offense which could result in a criminal conviction. Regretfully even a non-serious injury can elevate a first offense drunk driving charge to a more serious criminal matter. Likewise, a DWI offense can escalate to a criminal offense if there are children in the car at the time of arrest.
New Jersey DWI Statutes
Driving while Intoxicated (“DWI”) is defined in N.J.S.A. 39:4-50:
To prove that the defendant is guilty of driving while intoxicated, the state must prove beyond a reasonable doubt that the defendant operated a motor vehicle while intoxicated.
The statute creates two distinct ways to be found guilty of Driving While Intoxicated involving alcohol:
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The first is commonly referred to as an "observation case" wherein a police officer testifies that in their opinion based upon the factors of the stop, the driver was under the influence of intoxicating liquor and that intoxication affected their ability to properly operate a motor vehicle; and
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The second is referred to as a "Per Se" case wherein the conviction is based upon the entry into evidence the results of the Breath Test on the Alcohol Influence Report showing a blood alcohol concentration of .08% or more or in certain circumstances the entry of a lab certificate if blood was drawn. In New Jersey blood draws in DWI cases occur at a hospital.
In other words, a person can be convicted of driving while under the influence of alcohol even when their blood alcohol concentration (BAC) is below 0.08% percent or if the results of the Breathalyzer are not accepted into evidence, but the officer testifies to the contrary and the facts of the drivers' actions and the standard field sobriety tests support that conclusion. Arguably, consuming even a small amount of alcohol dulls the senses, decreases reaction time, and hampers judgment, vision, and alertness. If a person consumes alcohol and their demeanor and surrounding circumstances support an officer's opinion that they are drunk driving a court can make a finding and convict a person of DWI.
If a defendant is charged with DWI for the first time New Jersey Law provides that they will be facing monetary fines, license suspension, the installation of an ignition interlock device, commitment to the Intoxicated Driver Resource Center (IDRC), and in the most severe cases 30 days in county jail.
Consequences for a first offense Driving While Intoxicated Conviction (1st Offense)
Under the law in New Jersey, if an offender's Blood Alcohol Concentration BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are:
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A fine of $250-$400
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Imprisonment for up to 30 days (which would be a County Jail sentence)
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license suspension beginning at court and remaining until such time that an ignition interlock device is installed
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the installation of an ignition interlock device for 3 months
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A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
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An automobile insurance surcharge of $1,000 a year for 3 years
If the offender's BAC is 0.10 percent to 0.15 the penalties are:
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A fine of $300-$500
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Imprisonment for up to 30 days (which would be a County Jail sentence)
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license suspension beginning at court and remaining until such time that an ignition interlock device is installed
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the installation of an ignition interlock device for a period ranging from seven (7) to twelve (12) months
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A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
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An automobile insurance surcharge of $1,000 a year for 3 years
If the offender's BAC is above 0.15 percent, the penalties are:
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A fine of $300-$500
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Imprisonment for up to 30 days (which would be a County Jail sentence)
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license suspension for a period of three (3) months
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the installation of an ignition interlock device for a period ranging from nine (9) to fifteen (15) months
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A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
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An automobile insurance surcharge of $1,000 a year for 3 years
If the offender operates a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, or permits another person to operate their motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, the penalties are:
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A fine of $300-$500
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Imprisonment for up to 30 days
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license suspension for a period of seven (7) to twelve (12) months
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there is no requirement for an ignition interlock device where the charge is based upon the person being under the influence of narcotic, hallucinogenic, or habit-producing drugs
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A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
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An automobile insurance surcharge of $1,000 a year for 3 years
In addition to the penalties listed above, additional penalties also include:
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A $100 surcharge is to be deposited in the Drunk Driving Enforcement Fund
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A Motor Vehicle Commission restoration fee of $100 and an Intoxicated Driving Program fee of $100
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A Violent Crimes Compensation Fund fee of $50
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A Safe and Secure Community Program fee of $75
