Driving While Intoxicated/Driving Under the Influence in New Jersey

New Jersey DWI attorney representing defendants charged with Driving While Intoxicated or Driving under the Influence in all New Jersey Municipal Courts throughout the State.

In 2019, the Driving While Intoxicated and Driving Under the Influence statutes were substantially amended. Individuals charged with these offenses must consult with an experienced Driving While Intoxicated lawyer in New Jersey to understand their rights, and how best to defend against these charges.

The OLD Law

The penalties under the new law are very different from what was in place under the prior statute, which set penalties for two classes of first-time offenders, second-time offenders and third-time offenders. The changes may be best understood by briefly comparing prior law with current law. Please note that the outline presented here is very general, and the laws can change. A seasoned DWI attorney in New Jersey understands the distinctions in the law and can explain how they apply to any particular case them in greater detail.

A first-time offender found guilty of a DWI based primarily on a law enforcement officer's observations (without a breathalyzer result or "no reading") previously faced:

• Loss of their driving privileges for 3 months:
• monetary fines and assessments;
• A mandatory insurance surcharge for a period of 3 years;
• Mandatory completion of courses concerning DWI at the Intoxicated Driver Resource Center (IDRC);
• The possibility of having to install an ignition interlock device in their car (a device the driver had to blow into before the vehicle would start); and
• Possible jail time.

A first-time offender found guilty of a DWI with a reading (a breathalyzer result) showing a blood alcohol content of .08% or greater, or found guilty of driving while under the influence of drugs previously faced:

• A license suspension of between 7 and 12 months;
• Monetary fines and assessments;
• A 3-year insurance surcharge;
• Mandatory IDRC courses;
• The possibility of having to install an ignition interlock device in their car; and
• Possible jail time.

A second-time offender previously faced:

• A two-year license suspension,
• Monetary fines and assessments,
• A 3-year insurance surcharge,
• Mandatory installation of an ignition interlock device for a time period set by the Court,
• Jail time of between two and 90 days, *Mandatory IDRC courses; and
• 30 days community service.

A third-time offender previously faced:

• A ten year license suspension,
• Monetary fines and assessments,
• A 3-year insurance surcharge,
• Mandatory installation of an ignition interlock device for a time period set by the Court,
• A mandatory 180-day jail sentence (90 days of which could be served in an in-patient addiction treatment program), and
• Mandatory IDRC courses.

The NEW Law

The new DWI law made several fundamental changes. The primary changes concern the period of the license suspension and the requirement to install an ignition interlock device for a period of time. The new law also creates three classes of first-time offenders. A knowledgeable Driving Under the Influence lawyer in New Jersey can guide you through the new law and structure your defense to the charges.

A first-time offender whose charges are based upon police officer observations or a blood-alcohol content reading of between .08% and .099% faces the following penalties:

• Installation of an ignition interlock device on their car for 3 months, with a license suspension until the device is installed;
• Mandatory fines and assessments;
• A 3-year insurance surcharge;
• Mandatory IDRC courses; and
• Possible jail time of up to 30 days.

A first-time offender whose charges are based upon a blood-alcohol content reading of .10% and .149% faces the following penalties:

• Installation of an ignition interlock device on their car for a period of between 7 and 12 months, with a license suspension until the device is installed;
• Mandatory fines and assessments;
• A 3-year insurance surcharge;
• Mandatory IDRC courses; and
• Possible jail time of up to 30 days.

A first-time offender whose charges are based on a blood-alcohol content reading of .15% or higher faces the following penalties:

• Installation of an ignition interlock device on their car for 9 to 15 months following a 4 to 6 month mandatory license suspension;
• Monetary fines and assessments;
• A 3-year insurance surcharge;
• Mandatory IDRC courses; and
• Possible jail time of up to 30 days.

A second-time offender faces the following penalties:

• A license suspension of between I and 2 years;
• Mandatory fines and assessments;
• A 3-year insurance surcharge;
• Mandatory IDRC courses;
• Installation of an ignition interlock device for between 3 and 6 years;
• Jail time of between 2 and 90 days; and
• 30 days community service.

A third-time offender faces the following penalties:

• A license suspension of 8 years;
• Mandatory fines and assessments;
• Installation of an ignition interlock device for between 10 and 12 years;
• Mandatory jail time of 180 days (90 days of which can be served in an in-patient addiction treatment program);
• A 3-year insurance surcharge; and
• Mandatory IDRC courses.

DWI and DUI are serious charges that can carry heavy consequences, and the laws are constantly changing. If you have been charged with Driving While Intoxicated in New Jersey, you need an experienced New Jersey Driving While Intoxicated attorney to guide you through your case to the best possible result.

James S. Friedman, Esq., is a New Jersey Driving While Intoxicated lawyer based in New Brunswick. Mr. Friedman represents DWI/DUI defendants in municipal courts throughout the State. If you have been charged with Driving While Intoxicated and seek quality, cost-effective legal representation in your case, contact us for an initial consultation.

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