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Consequences of a DUI in New Jersey

The consequences of a DUI or DWI conviction vary depending on the facts of your case. Call Rosenberg | Perry & Associates to get the answers you need.

New Jersey has a number of mandatory fines and penalties for driving under the influence or driving while intoxicated offenders. The consequences for a DUI or DWI conviction can include fines, surcharges in court, surcharges from the NJ Motor Vehicle Commission, jail time, participation in the Intoxicated Driver Resource Center (IDRC), driver’s license suspension, and installation of an interlock device. On December 1, 2019 new DUI/DWI laws in New Jersey went into effect making changes to the potential penalties and requiring all those convicted of a DUI to install an ignition interlock device (IID).

The severity of the consequences you will face often depends on the level of offense and if you are a repeat offender or not. For example, first-time offenders may be in a situation where there is no significant loss of license.  However, if convicted of a second or third offense, a loss of license is guaranteed, along with the possibility of a significant jail sentence.

Additionally, getting a DUI on a bike in NJ does not carry the same penalties as getting a DUI in a motor vehicle. For example, You may be subject to other charges, fines, community service, and jail time but your license cannot be suspended.

Although the penalties for a DUI in New Jersey should be taken seriously, New Jersey law dictates that a DUI or DWI is not a criminal act and is considered a traffic offense, not a disorderly persons offense or indictable offense. If a motorist is convicted of a DUI, the conviction will appear on their driving record. 

First Offense DUI/DWI Charges & Penalties in New Jersey

In New Jersey, the consequences for a first offense DUI depend on a person’s intoxication level. The minimum penalties will be assessed for a DUI when an individual is convicted of DUI with either no admissible reading as to Blood Alcohol Content (“BAC”) or a BAC of below a .10 (Tier 1). These consequences can include:

  • License suspension until an ignition interlock device (IID) is installed
  • Mandatory use of an IID for 3 months
  • Potential jail time for up to 30 days
  • Participation in the IRDC prevention program for 12 – 48 hours.

First Offense DUI Fines

In addition, individuals convicted of this offense will be subject to fines and fees, including:

  • $250 – $400 fine
  • Court fees up to $33
  • $230 IDRC fee
  • $100 to a drunk driving fund (DDEF)
  • $100 to the Alcohol Education and Rehabilitation Fund (AERF)
  • $1,000/year (for 3 years) surcharge to the MVC
  • $75 to the Neighborhood Services Fund

First Offense BAC 0.10 – 0.14 (Tier II)

For individuals charged with a DUI with a BAC of 0.10 – 0.14 percent (Tier II), consequences can include:

  • License suspension until an ignition interlock device (IID) is installed
  • Mandatory use of an ignition interlock device during the forfeiture period and 9 – 15 months following license restoration
  • Participation in the Intoxicated Driver Resource Center (IRDC) prevention program for 12 to 48 hours
  • A potential prison term of up to 30 days

First Offense BAC 0.15 or More (Tier III)

For individuals charged with a DUI with a BAC of .15 or greater (Tier III), consequences can include:

  • Mandatory license suspension for 4 – 6 months
  • Mandatory use of an IID during the forfeiture period and  9 – 15 months following license restoration
  • Participation in the Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours
  • Potential jail time of up to 30 days

Tier II & Tier III DUI Fines & Surcharge

First-time DUI offenders (both Tier II and Tier III) are also subject to a number of mandatory fines and surcharges for all convictions, including:

  • $300 – $500 fine
  • $125 DWI surcharge
  • Court fees up to $33
  • $50 to the Victims of Crime Compensation (VCCO)
  • $230 IDRC fee
  • $100 to a drunk driving fund
  • $100 to the Alcohol Education and Rehabilitation Fund (AERF)
  • $1,000/year (for 3 years) surcharge to the Motor Vehicle Commission
  • $75 to the Neighborhood Services Fund
  • Prison term: A first offense DUI/DWI conviction can carry a jail sentence for up to 30 days.

Second Offense DUI/DWI Penalties

A conviction of a second DUI or DWI offense within 10 years of a prior conviction is considered a repeat offense and carries stiffer penalties. Some of the mandatory fines and penalties include:

  • Mandatory license suspension for one (1) to two (2) years
  • Participation in 30 days of community service
  • Mandatory use of an ignition interlock device (IID) during the license suspension for two to four years following license restoration.
  • Participation in the IDRC up to 48 hours
  • A prison term from 48 hours – 90 days

A second DUI offense is also subject to mandatory fees and surcharges imposed by the state of New Jersey, including:

  • $500 to $1,000 fine
  • $125 DWI surcharge
  • Court fees up to $33
  • $50 to the VCCO
  • $280 IDRC fee
  • $100 to a drunk driving fund (DDEF)
  • $100 to the AERF
  • $1,000/year (for 3 years) surcharge to the MVC
  • $75 to the Neighborhood Services Fund (SNSF)

Third or Subsequent Offense DUI/DWI Penalties

A conviction of a third or subsequent DUI or DWI offense within 10 years of a second conviction mandates more drastic penalties, some of which include:

  • License suspension for eight (8) years
  • A prison term of 180 days
  • Participation in up to 90 days of community service
  • Participation in the IDRC based on treatment classification
  • Mandatory use of an ignition interlock device during the license suspension for one to four years following license restoration.

Mandatory fees and surcharges for a third or subsequent DUI offense include:

  • $1,000 fine
  • $125 DWI surcharge
  • Court fees up to $33
  • $50 to the VCCO
  • $280 IDRC fee
  • $100 to a drunk driving fund (DDEF)
  • $100 to the AERF
  • $1,500/year (for 3 years) surcharge to the MVC
  • $75 to the Neighborhood Services Fund (SNSF)

Can you go to jail for a DUI?

Penalties for a DUI in a School Zone in New Jersey – N.J.S.A. 39:4-50(g)

Before December 1, 2019 you could receive an additional charge for driving under the influence in a school zone. Defending against this charge could be very difficult as being unaware you were driving in a school zone was not an acceptable defense. Essentially, the only defense a defendant would have was to prove they were not operating their vehicle within a school zone which is difficult.

With the new DUI laws, prosecutors can no longer add on an additional DUI in a school zone charge on top of a DUI charge to pressure defendants to plead guilty or face even harsher penalties. 

Under the old law, a DUI in a school zone was defined as an area within 1,000 feet of a property used for school purposes, an area designated as a school crossing, or a location where minors are crossing and present, even if it is not a designated school area, it will be considered a school zone. 

If convicted of a DUI in a school zone or refusal to submit to a breath test you could face the following penalties for each subsequent offense.

If convicted of a 1st DUI in a school zone offense, you may be subject to: 

  • An additional $500 – $800 fine
  • Up to 60 days of jail time
  • A mandatory suspension of driving privileges for 1 – 2 years 

If convicted of a 2nd DUI in a school zone offense, you may be subject to:

  • An additional fine of $1000-$2000 fine
  • A mandatory 4 days to 180 days in jail
  • A mandatory suspension of driving privileges for 4 years 

If convicted of a 3rd DUI in a school zone offense, you may be subject to:

  • An additional $2000 fine
  • A mandatory 180 days in jail
  • A mandatory suspension of driving privileges for 10 – 20 years
  • Participation in a drug or alcohol inpatient rehabilitation program approved by the IRDC 

You could also be required to pay a surcharge of $2,000 annually for three years if convicted of driving under the influence in a school zone.

Can Undocumented Immigrants Be Deported For a DUI?

If you are an undocumented person in the United States and you are arrested for a DUI in New Jersey, you could face deportation if your legal status is discovered. Immigrants with valid visas or green cards can have their legal status revoked if the DUI results in criminal charges such as assault by autoleaving the scene of an accident, or vehicular homicide.

Drivers From Out-of-State Charged With a DUI in NJ 

If you are not from the state of New Jersey and are charged with a DUI in NJ you will face the same penalties as someone who lives in New Jersey who receives that charge. The MVC cannot suspend the license of an out-of-state driver but they can suspend driving privileges in NJ. Stated differently, even if your home State does not suspend your license for DUI, the New Jersey MVC will still suspend your driving privileges in New Jersey.

Additionally, New Jersey is a participant in the Driver’s License Compact. This is an agreement among most U.S. states to share information about drivers who commit traffic violations in their states. This means that the NJ MVC will likely share details of a DUI conviction with the drivers home state. The state where the driver is from could choose to suspend the driving privileges of someone charged with a DUI in another state or impose additional penalties as if the DUI happened in-state.

Being charged with a DUI in a different state is a difficult situation and you will likely need an attorney who is licensed to practice in that state to defend you.

Other Charges You May Face

You may also face additional charges as a result of your DUI or DWI charge. If you refuse to submit a breath test, you may face fines of up to $500 and a license suspension of one year. Possessing an open container in the passenger compartment carries a fine of $200 for the first offense and a $250 fine or community service for a second offense.

Driving while intoxicated or under the influence with a minor 17 years old or younger may result in a disorderly persons offense and a license suspension of six months and community service.

Consequences Beyond Mandatory Fines and Penalties

Other penalties apply whether you’re a first-time or repeat offender, like the installation of an ignition interlock device — a breath alcohol analysis device installed on the steering column of your motor vehicle. In some cases, the juvenile arrest process in New Jersey can differ, but no one is exempt from consequences of a DUI conviction.

An ignition interlock device measures the blood alcohol level of the driver, who is required to blow into the device before the car can start. If the driver’s blood alcohol concentration (BAC) is above a certain level, the car will not start, thus preventing an alcohol-impaired person from driving.

If the court sentences you to have an interlock device installed, you will receive a notice of suspension from the New Jersey Motor Vehicle Commission with instructions on how to obtain the device. Failure to install the device could result in an additional one-year suspension of your driving privileges. Additional license suspension and interlock device time depends on the specifics of your case.

A DUI conviction in New Jersey can impact your future in a number of ways, including losing your license or increasing your motor vehicle insurance rates. This can also cause health, life and disability coverage to spike.

In addition, many credit bureaus include DUI convictions on credit reports, a detail that can negatively affect current and future credit scores. Poor credit can affect employment opportunities or applications for professional licenses if a credit check is required prior to hiring.

Those in military service are forced to deal with an additional set of collateral consequences if convicted of an alcohol or drug-related DUI offense. In addition to state penalties, members of the military may be subject to possible demotion or removal from military service. They are also subject to alcohol education courses, base restriction, privilege restrictions and other forms of punishment.

Unfortunately, there is no conditional driving license in New Jersey that would allow individuals convicted of a DUI to drive to and from work while their license is suspended. This can significantly affect employment status if a person relies on independent transportation. In other cases, employment opportunities may be subject to termination upon receiving a DUI conviction.

Furthermore, if you are unable to pay surcharges, the DMV can suspend your license and then file with the Superior Court for a lien against your property or the ability to garnish your wages.

DUI Conviction Sentencing Alternatives 

DUI penalties in New Jersey can be harsh and jail time is often difficult for first-time offenders to endure. An attorney can however argue for alternative sentencing to avoid jail time which is usually offered to individuals who may need assistance for alcohol or drug addictions that is not available in jail. Individuals who would face financial hardship if they are forced to miss work due to being sentenced to jail time may also request alternative sentencing.

Alternative sentencing may include:

  • Community service: The Sheriff’s Labor Assistance Program (SLAP) allows an individual to participate in monitored community service and labor projects.
  • House arrest: Individuals designated to house arrest will be confined to their home being monitored by an electronic ankle device.
  • Probation: An Individual given probation will have to check in with a probation officer regularly and will have their travel privileges limited.
  • IDRC: Judges often order 1 – 2 days at an IDRC-approved program, a reduced sentence is sometimes granted in exchange for a longer stay if the individual is struggling with drug or alcohol abuse.

Make sure you speak with an attorney to see if you can request alternative sentencing to avoid jail time for a DUI conviction

Hire a New Jersey DUI & DWI Attorney

If you are facing DWI charges in New Jersey, it’s important that you speak with a qualified defense attorney immediately. If charged with a first DUI offense you may consider a public defender. Although they work hard and do their best, their caseloads are often overwhelming and it is difficult for them to provide the time and attention their client requires to provide a comprehensive defense. A private attorney will give you their full attention and work relentlessly to defend you against DUI charges.

Additionally, plea bargains are not available for DUI charges. A private attorney will have the time to review the details of your case and raise technical issues that may result in evidence not being taken into consideration by the court resulting in a dismissal or conviction of a different charge with lesser penalties.

There are a number of DUI defenses available to eliminate or mitigate the impact of these charges on your life. For example, the charge may be reduced to a conviction of reckless driving involving alcohol, or your attorney could argue law enforcement did not have probable cause to pull you over.

With the help of the Rosenberg | Perry & Associates legal team, we may be able to get your charges reduced or dropped, sparing you the many costs and consequences associated with charges for driving while intoxicated. Our lawyers are experienced DUI lawyers that are certified Alcotest 7110 MKIII-C operators and familiar with field sobriety test procedure which helps us better defend our clients. Contact us for a free consultation to speak about your case and learn how we can help you.

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