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| Frequently Asked Questions DWI |
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What are the penalties for driving while intoxicated?
Is there any way to challenge my DWI charge?
What happens if I am under 21 of age and charged with DWI?
What happens if I am not a New Jersey driver and I am charged with DWI?
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Penalties for a conviction depend on whether it is a first, second, or later offense, and whether your blood alcohol content measured .08-.10% or was .10% or greater at the time of your arrest or traffic stop. The range of penalties is listed below:
Mandatory jail time of up to 6 months Fine of $250-$1000 Insurance surcharges of $1000-$1500 for 3 years Intoxicated Driver Resource Center (IDRC) fees Community service License suspension/revocation for 3 months to 3 years Possible requirement to use an ignition interlock device for 1-3 years. The device prevents your car from starting until you pass a breath test at less than .05 BAC. Other fines and costs: $200.00 DWI Enforcement Fund $50.00 Violent Crime Compensation Board Fund $75.00 Safe Neighborhood Fund $200.00 NJ MVC Restoration Charge $150.00 Fees for out-patient counseling as referred by the IDRC Up to $33.00 in Court Costs
Yes, there are many ways to challenge your DWI charge. The traffic stop must be supported by reasonable suspicion. The police officers must have probable cause to believe that you are intoxicated to conduct the field sobriety tests and breathalyzer test. The field sobriety tests can be challenged. The breathalyzer test can be challenged, for example, based on the breath test operator being unlicensed or the breathalyzer machine malfunctioning. These are just a few of the tactics to contest DWI charges.
The law in New Jersey concerning underage DWI, DUI & Refusal charges is set forth at N.J.S.A. 39:4-50.14 and applies a zero tolerance policy as it relates to underage drinking and driving. In other words, the statute makes it illegal for a person under the age of twenty-one (21) to have any alcohol in their system while operating a motor vehicle.
However, the monetary penalties and suspension period for underage driving while intoxicated are less severe than what would otherwise be the case with respect to someone facing a normal DWI, DUI or Refusal charge. In this regard, an underage drinking and driving conviction in New Jersey can involve the following As little as thirty (30) days license suspension whereas the minimum suspension for an adult DWI or DUI would be ninety (90). It is, therefore, important that counsel make sure that the case is properly defended and that, if a conviction does occur, that it is for underage drinking and driving rather than a normal DWI, DUI or Refusal.
If an out of state driver is convicted in New Jersey of driving while intoxicated, driving under the influence or refusal to take the breathalyzer, they are subject to New Jersey's penalties for conviction.
However, all that New Jersey can do in terms of license suspension is to revoke an out of state driver's right to operate a motor vehicle within New Jersey. The Courts of New Jersey have no authority to decide what, if anything, shall happen in terms of the person's license to drive in their home state or, for that matter, outside of New Jersey. The impact, if any, which a New Jersey conviction for DWI, DUI or Refusal shall have on a person with respect to licensing in their home state, is left to the Division of Motor Vehicles of the individual's home state. |
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