Will I Lose My License for a DWI or DUI in New Jersey?

If you have been charged with DWI or DUI (39:4-50), you are facing a suspension of your driving privileges. The Law Office of Jason T. Komninos can fight to avoid or reduce a suspension.

For a first offense driving while under the influence of alcohol (DWI), your blood alcohol content (BAC) will determine your license suspension. For certain first offense DWI cases, the court can suspend your license but require you to install an interlock ignition device in your car. Once this device is installed, the Motor Vehicle Commission can issue you a license to drive during the period that you are required to have the interlock device. Once this period has been completed, you can have your normal license restored.

Since your BAC determines your sentence for a first offense DWI, it may be possible to reduce the penalty by challenging your BAC result. For example, if the breath test machine was not operated correctly or certain documents are not provided in discovery, the breath test can be excluded from evidence. In cases with higher BAC readings, this could mean reducing the penalties or possibly having the charges dismissed.

For a first offense driving while under the influence of drugs (DUI) and for any second, third, or subsequent conviction for either DWI or DUI, there are mandatory periods of license suspension with no other options to drive during the suspension period.

The license suspension penalties for different types of DWI or DUI convictions are as follows:

For a first offense with a BAC of 0.08% or higher but under 0.10%:

License suspended until an interlock device is installed in the primary vehicle. The device must be installed for 3 months.

For a first offense with a BAC of 0.10% or higher but under 0.15%:

License suspended until an interlock device is installed in the primary vehicle. The device must be installed for 7 months.

For a first offense with a BAC of 0.15% or higher:

License suspended for 4 to 6 months.

For a first offense driving while under the influence of drugs (DUI):

License suspended for 7 to 12 months.

For a second offense DWI or DUI:

License suspended for not less than 1 year or more than 2 years.

For a third or subsequent offense DWI or DUI:

License suspended for 8 years.

Once retained, the Law Office will request and review discovery from the State to determine if the reports can be challenged in court.

If you are facing a DWI or DUI offense in New Jersey, you should retain an attorney to protect your rights. Call 201-343-4622 to schedule a consultation.