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New Jersey DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) arrests
are prosecuted in two ways: either as a traditional DWI, where the prosecution attempts to prove a person
as being under the influence based on driving pattern
and field sobriety test performance, or by violating
the "per se" law by being above the legal limit of .08%.
In the summer of 2005, Congress approved a huge transportation bill. One of its many provisions included federal grants that encouraged states to enact John’s Law, a New Jersey law that allows police to impound the car of a drunk driver.
Refusal to take the breath or blood test following
a DWI / DUI arrest is admissible in court, and can also have severe driver's license consequences in addition to the standard penalties.
DWI convictions are "priorable" for 10 years,
calculated from arrest date to arrest date. Punishment
for a second DWI or third offense DWI is harsher in every
respect: fines,
jail time,
driver's license
consequences, and more.
There are
special DWI / DUI laws for those under 21: it
is illegal for someone under 21 to drive with a BAC of
0.01% or greater. Violation of this law will result in
a license suspension for 30 - 90 days, and
community
service for 15 - 30 days.
Jury Trials are NOT available in New Jersey DWI
cases. People arrested for driving while impaired in New
Jersey have a right to a court trial only. (A court
trial is one where the judge hears the evidence and
decides your guilt.) If you lose the court trial, you
have the right to request a "de novo" appeal on the
record. This is where the record is transmitted to the
Law Division, Superior Court, and a different judge
reviews the DWI trial record, and the lawyers argue
the facts and law that should apply. It is a second
chance at getting a result of Not Guilty.
New Jersey DWI cases are unique, since there is no
pre-trial administrative driver's license suspension,
as there is in many other states. The only driver's
license consequences are imposed by the court.
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Court Consequences
1st Offense DWI / DUI:
$250.00 to $400.00 fine, $30.00 court cost, $50.00
violent crimes compensation board penalty, $75.00 safe
neighborhood fund assessment, $200.00 DWI surcharge
fund, 12-48 hours in the intoxicated driver's resource
center (alcohol classes), discretionary term of up to
30 days jail, restoration fee of $100.00, MVC
surcharge of $3,000.00 (payable $1,000.00 a year for 3
years), separate insurance surcharges for 3 years. The
court may also order an
ignition interlock device to
be placed on any car the individual drives for 3 years
following restoration of driving privileges.
If the offense is committed in a school zone, loss
of license for 1-2 years, fine of $500.00 to $800.00,
definite jail of up to 60 days, plus the other fines
and penalties listed above.
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2nd Offense DWI / DUI:
$500.00 to $1,000.00 fine, 30 days community
service (180 hours), mandatory 48 hours to 90 days
jail, $30.00 court cost, $50.00 violent crimes
compensation board penalty, $75.00 safe neighborhood
fund assessment, $200.00 DWI surcharge fund, 48 hours
in the intoxicated driver's resource center,
restoration fee of $100.00, MVC surcharge of $4,500.00
(payable $1,500.00 a year for 3 years), separate
insurance surcharges for 3 years. The court must also
order an ignition interlock device to be placed on any
car the individual drives for 3 years following
restoration of driving privileges, or suspend
registration privileges on all vehicles owned by the
individual for the two year license suspension period.
If the offense is committed in a school zone, fine of
$1,000.00 to $2,000.00, community service for 60 days
(360 hours), mandatory jail time of 96 hours to 180
days (90 of which may be served performing community
service).
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3rd Offense DWI / DUI:
$1,000.00 fine, mandatory 180 days in jail (90 of
which may be served in an in-patient drug and alcohol
rehab program), $30.00 court cost, $50.00 violent
crimes compensation board penalty, $75.00 safe
neighborhood fund assessment, $200.00 DWI surcharge
fund, 12 hours in the intoxicated driver's resource
center (alcohol classes), restoration fee of $100.00, MVC surcharge of $4,500.00
(payable $1,500.00 a year
for 3 years), separate insurance surcharges for 3
years. The court must also order an
ignition interlock
device to be placed on any car the individual drives
for 3 years following restoration of driving
privileges, or the individual's registration
privileges on all vehicles owned by that person shall
be suspended for the 10 year period of suspension.
If the offense is committed in a school zone,
$2,000.00 fine, and other penalties for third offense
apply, also.
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