New Jersey DUI Penalties

New Jersey DUI laws and penalties

Each State in the United States is given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article we will explore the different laws within the State of New Jersey, and their penalties. You should know that DWI, or Driving While Intoxicated, is considered equal to the term of DUI in the State of New Jersey. To begin with, New Jersey has what is known as a ten year "Lookback Period'. This means that any previously aquired DUI/DWI within the past ten years becomes relevant for the sentencing process you are now facing for your current DUI/DWI. This is also known as a "washout" period.

What consititutes as a high BAC for a DUI/DWI within New Jersey?

Under 21: .02%
21 or Older: .08%
Commercial: .04%

There is never an acceptable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments are severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different and their tolerance for alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical tests on suspecting DUI/DWI offenders. If you are pulled over and are requested to take a chemical test to determine your BAC, or Blood Alcohol Content, New Jersey has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, your penalties are as follows:

First Offense: 7 months license suspension
Second Offense: 2 year license suspension
Third Offense: 10 year license suspension

What are the penalties within the New Jersey DUI/DWI laws?

There are several penalties within the New Jersey DUI/DWI laws and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol, or Driving While Intoxicated, within the boarders of the State of New Jersey, the following are the penalties you will be facing:

Penalty of Jail

First Offense: Up to 30 days
Second Offense: Up to 90 days
Third Offense: Up to 180 days

Penalties and Fines

First Offense: $250 to $500
Second Offense: $500 to $1,000
Third Offense: $1,000

Penalty of License Suspension

First Offense: 3 months to 1 year
Second Offense: 2 years
Third Offense: 10 years

Penalty of Ignition Interlock Device (IID)

First Offense: Possible
Second Offense: Possible
Third Offense: Possible

All DUI/DWI arrests also carry the following penalties:

$100 surcharge for the Drunk Driving Enforcement Fund
$100 Motor Vehicle Restoration fee
$100 Violent Crimes Compensation fee
$100 Intoxicated Driver Program fee
$100 State and Municipality fee

Conclusion

It is important to note that laws change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enforce the laws in different ways, it is important to prepare for the unexpected. For this reason you would be wise to retain the services of an experienced and professional lawyer who is well versed in the DUI laws of the State of New Jersey and is capable of giving you the direction you need for your specific case, along with being fully current on any laws pertaining to DUI/DWI.

(Tags - DUI Tests - DUI Penalties - dui state laws - New Jersey DUI law )