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Evan M. Levow
Attorney at Law
Office: 800-376-5053
Cell:    856-831-7161

Arrested for DWI in New Jersey?

Under New Jersey law, when you have been cited for violating the DWI statute, the state imposes penalties based on your BAC level. New Jersey uses a 2-tier system to impose DWI charges upon an offender:

  • 1. BAC (blood-alcohol concentration) between 0.08% and 0.10%
  • 2. BAC (blood-alcohol concentration) of 0.10% or greater

DWI Penalties for First Time Offenders with a BAC Between 0.08% and 0.10%

  • Additional Penalties - The first time offender must attend an Intoxicated Driver Resource Center for a minimum of 6 hours a day for 2 consecutive days.
  • Monetary Fine - The fine for a first time DUI is from $250 to $400.
  • Jail Time - A first time DUI offender in New Jersey will face up to 30 days imprisonment.
  • Driving Privileges - A DWI conviction in New Jersey results in the suspension of New Jersey driving privileges for 3 months.

DWI Penalties for First Time Offenders with a BAC of 0.10% or Higher

  • Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 6 months and a fine of $250.00, up to $500.00.
  • Jail Time - A first time DUI offender in New Jersey will face up to thirty days jail time.
  • Driving Privileges - A DWI conviction in New Jersey results in the revocation of driving privileges in New Jersey for 7 months, up to 1 year.
  • Monetary Fine - The fine for a first time DUI in New Jersey is from $300 to $500.
  • Additional Penalties - The first time offender must attend an Intoxicated Driver Resource Center for a minimum of 6 hours a day for 2 consecutive days.
  • Commercial Drivers - Commercial drivers are in violation of the DWI statute with a BAC (blood-alcohol concentration) of 0.04. A first time DWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license in New Jersey.

Intoxicated Driver Program - New Jersey

In New Jersey, any person convicted of an alcohol related traffic offense must participate in a program at a New Jersey Intoxicated Driving Resource Center (also known as the IDRC.) Satisfactory participation in IDRC is a step toward restoring your driver's license. Failure to comply will result in further suspension of your New Jersey driving privileges and possible imprisonment.

  • DWI offenders attend required Alcohol and Highway Safety Education classes
  • There is an IDRC in each county for first and third-time DWI (driving while intoxicated) offenders and three regional centers for second-time DWI offenders
  • IDRC evaluates each offender for an alcohol or drug problem and will determine any need for treatment. If treatment is needed, the center refers the offender to an appropriate provider for a 16-week minimum treatment.
  • IDRC monitors all compliance and reports any noncompliance to the courts and the New Jersey MVC.
  • The DWI offender may supplement (but not replace) the treatment with attendance at a self-help group

Failure to pay DWI Surcharges

Surcharges are fines assessed by the New Jersey Motor Vehicle Commission on an annual basis for drivers who have earned excessive points or committed a specific violation such as DWI (driving while intoxicated). Surcharges are in addition to any court fines or penalties you may be facing.

  • Can result in the indefinite suspension of driving privileges in New Jersey
  • Can result in an action filed in State Superior Court by the New Jersey MVC. This may include securing a lien against your property, garnishing your wages or other actions.

Subsequent DWI (driving while intoxicated) Offenses in New Jersey

For any additional DUI violations, penalties are more severe. Because of the complexity of DUI laws in New Jersey, you may not be aware of options and rights. This is why a competent and experienced criminal defense lawyer can guide you through this emotionally challenging process. Please contact a New Jersey DWI criminal defense attorney for a consultation.