You might think that you didn’t really have that much to drink.  Here’s the surprise. Any Driving While Intoxicated (DWI) charges against you are extremely serious. The New Jersey DWI laws are very strict and police and prosecutors are very tough on drunk drivers. Call the Law Office of Jason T. Komninos for a free consultation to understand these charges and their implications.

The penalties in New Jersey for a Driving While Intoxicated charge are very severe.  The penalties you may face depend on the Alco Test results as well as any prior DWI convictions you might have:

39:4-50 Driving while intoxicated 1st Offense

BAC 0.08% or higher, but less than .10%

  • $250 to $400 fine, and
  • IDRC 12 to 48 hours, and
  • In court’s discretion, imprisonment not exceeding 30 days, and
  • Driver’s license suspension for a period of 3 months, and
  • VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
  • May order participation in supervised visitation program as either a condition of probation or a form of community service, and
  • May order installation of an interlock device for not less than 6 months nor more than 1 year, and
  • Satisfy the screening, evaluation, and referral requirements of the IDRC.
  • If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

1st Offense BAC 0.10% or higher

  • $300 to $500 fine, and
  • IDRC 12 to 48 hours, and
  • In court’s discretion imprisonment not exceeding 30 days, and
  • Driver’s license suspension for not less than 7 months nor more than 1 year, and
  • VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
  • May order participation in supervised visitation program as either a condition of probation or a form of community service, and
  • May order installation of an interlock device for not less than 6 months nor more than 1 year, and
  • Satisfy the screening, evaluation, and referral requirements of the IDRC.
  • If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

2nd Offense

  • $500 to $1000 fine, and
  • Imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and
  • Driver’s license suspension for 2 years, and
  • Community service for 30 days, and
  • VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
  • May order participation in a supervised visitation program as either a condition of probation or a form of community service, and
  • Shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 2 years, and
  • Satisfy the screening, evaluation, and referral requirements of the IDRC.
  • If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

3rd or Subsequent Offense

  • $1000 fine, and
  • Imprisonment not less than 180 days in county jail or workhouse, except that the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and
  • Driver’s license suspension for 10 years, and
  • VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
  • May order participation in supervised visitation program as either a condition of probation or a form of community service, and
  • Shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 10 years, and
  • Satisfy the screening, evaluation, and referral requirements of the IDRC.
  • If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

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