New Jersey DUI Laws
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.
Think Before you Drink!
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.
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) .
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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