DUI / DWI Penalties and License Suspensions in New Jersey: A Complete Guide

Driving under the influence (DUI) or driving while intoxicated (DWI) are serious offenses in New Jersey, carrying severe penalties that can impact your life significantly. This comprehensive guide will explore the various penalties, including license suspensions, associated with DUI/DWI convictions in New Jersey. If you find yourself facing such charges, consulting a seasoned DUI lawyer like Anthony Palumbo can be crucial in navigating the complex legal landscape.

Understanding DUI/DWI Laws in New Jersey

New Jersey law classifies DUI/DWI offenses based on the driver’s blood alcohol concentration (BAC). The legal BAC limit is 0.08% for most drivers, but stricter limits apply for specific groups:

• Commercial drivers: 0.04%
• Drivers under 21: 0.01%

A DUI/DWI charge can result from alcohol, drugs, or a combination of both.

Penalties for DUI/DWI Convictions

The penalties for DUI/DWI convictions in New Jersey depend on several factors, including the driver’s BAC, prior offenses, and whether any aggravating factors were present (such as driving with a minor in the vehicle). Here’s a breakdown of the penalties for first, second, and subsequent offenses:

First Offense

1. BAC of 0.08% to 0.09%:
   • License Suspension: Not mandatory if an ignition interlock device (IID) is installed for three months.
   • IID Requirement: Mandatory installation of an IID for three months.
   • Fines: $250 to $400
   • Imprisonment: Up to 30 days
   • Intoxicated Driver Resource Center (IDRC): 12 to 48 hours
   • Surcharges: $1,000 per year for three years
2. BAC of 0.10% to 0.14%:
   • License Suspension: Not mandatory if an IID is installed for seven months to one year.
   • IID Requirement: Mandatory installation of an IID for seven months to one year.
   • Fines: $300 to $500
   • Imprisonment: Up to 30 days
   • IDRC: 12 to 48 hours
   • Surcharges: $1,000 per year for three years
3. BAC of 0.15% or higher (or under the influence of drugs):
   • License Suspension: Four to six months.
   • IID Requirement: Mandatory installation of an IID during the suspension and for nine months to one year after restoration.
   • Fines: $300 to $500
   • Imprisonment: Up to 30 days
   • IDRC: 12 to 48 hours
   • Surcharges: $1,000 per year for three years

Second Offense

• License Suspension: One to two years
• Fines: $500 to $1,000
• Imprisonment: 48 consecutive hours to 90 days
• Community Service: 30 days
• IDRC: 12 to 48 hours
• Surcharges: $1,000 per year for three years
• IID: Mandatory during license suspension and for two to four years after license restoration

Third Offense (within 10 years of the second offense)

• License Suspension: Eight years
• Fines: $1,000
• Imprisonment: 180 days
• IDRC: 12 to 48 hours
• Surcharges: $1,500 per year for three years
• IID: Mandatory during license suspension and for two to four years after license restoration

License Suspensions and Restorations

License suspensions are a significant component of DUI/DWI penalties. The length of the suspension varies based on the offense and BAC level. After serving the suspension period, there are specific steps to follow for license restoration:

1. Complete IDRC Program: Attendance at the IDRC is mandatory for all DUI/DWI offenders. This program includes education and screening for alcohol or drug problems.
2. Install an IID: For certain offenses, installing an IID in your vehicle is required. This device prevents the car from starting if alcohol is detected on your breath.
3. Pay Restoration Fees: A fee of $100 must be paid to the New Jersey Motor Vehicle Commission (MVC) for license restoration.
4. Proof of Insurance: Provide proof of insurance coverage.
5. Surcharge Payments: Ensure all surcharges have been paid in full.

Failure to comply with these requirements can result in additional penalties and delays in getting your license back.

Aggravating Factors and Enhanced Penalties

Certain circumstances can lead to enhanced penalties for DUI/DWI offenses. These aggravating factors include:

• Driving with a Minor: If you are caught driving under the influence with a passenger under 17 years old, additional penalties include up to six months of license suspension and up to five days of community service.
• School Zone Violations: DUI/DWI offenses committed in a school zone or school crossing result in doubled fines and longer license suspensions. For a first offense, the suspension is one to two years; for a second offense, four years; and for a third offense, 20 years.

Refusing a Breathalyzer Test

Under New Jersey’s implied consent law, drivers are required to submit to breathalyzer tests when suspected of DUI/DWI. Refusing to take the test results in automatic penalties, separate from any DUI/DWI charges:

1. First Offense:
   • License Suspension: Seven months to one year
   • Fines: $300 to $500
   • Surcharges: $1,000 per year for three years
2. Second Offense:
   • License Suspension: Two years
   • Fines: $500 to $1,000
   • Surcharges: $1,000 per year for three years
3. Third Offense:
   • License Suspension: 10 years
   • Fines: $1,000
   • Surcharges: $1,500 per year for three years

Refusing a breathalyzer test can be used as evidence against you in court, potentially leading to a conviction even without a BAC reading.

Defending Against DUI/DWI Charges

Given the severe consequences of a DUI/DWI conviction, mounting a robust defense is crucial. A skilled DUI lawyer like Anthony Palumbo can explore various defense strategies, such as:

• Challenging the Stop: Arguing that the traffic stop was unlawful if there was no probable cause.
• Questioning Test Accuracy: Disputing the accuracy of breathalyzer or field sobriety tests due to improper calibration or administration.
• Procedural Errors: Identifying any violations of your rights during the arrest process.

DUI Charge? Get Legal Help

DUI/DWI convictions in New Jersey carry severe penalties, including significant fines, imprisonment, and lengthy license suspensions. Understanding the specifics of these penalties and the steps required for license restoration is crucial for anyone facing such charges. If you or someone you know is dealing with a DUI/DWI case, seeking the expertise of a knowledgeable DUI lawyer like Anthony Palumbo can make a significant difference in the outcome of the case.

Navigating the complexities of DUI/DWI laws can be challenging, but with the right legal support, you can ensure that your rights are protected and explore all possible avenues for a favorable resolution. Stay informed, stay safe, and always consult with a professional when dealing with legal issues.