DUI/DWI

A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the influence through officer observation or other evidence. The following is a list of offenses and the penalties associated with the offenses.

First Offense – BAC 0.08% but less than 0.10%

3 months driving privilege suspension
$250-$400 fine
12-48 hours at intoxicated driver resource center (IDRC)
Maximum 30 days imprisonment

First Offense – BAC 0.10% or higher

7 months to 1 year driving privilege suspension
$300-$500 fine • 12-48 hours IDRC
30 days maximum imprisonment*

Second Offense

2 years driving privilege suspension
$500-$1,000 fine
30 days community service
12-48 hours IDRC
48 hours – 90 days imprisonment*

Third Offense

10 years driving privilege suspension
$1,000 fine
90 days maximum community service
12-48 hours IDRC • 180 days imprisonment*

DUI in a School Zone or School Crossing: First Offense

12-24 months driving privilege suspension
$500-$800 fine • 60 days imprisonment

Second Offense

48 months minimum driving privilege suspension
$1,000-$2,000 fine
60 days community service
96 hours-180 days imprisonment*

Third Offense

20 years driving privilege suspension
$2,000 fine • 180 days imprisonment

Refusing the Chemical Test

Refusing a Chemical Test: First Offense

7 months to 1 year driving privilege suspension
$300-$500 fine • 12 hours minimum IDRC

Second Offense

2 years driving privilege suspension
$500-$1,000 fine • 12 hours minimum IDRC

Third and Subsequent Offenses

10 years driving privilege suspension
$1,000 fine • 12 hours minimum IDRC

Refusing Chemical Test in School Zone or Crossing

Refusing Chemical Test in School Zone or Crossing: First Offense

1 to 2 years driving privilege suspension
$600-$1,000 fine • 12 hours minimum IDRC

Second Offense

4 years driving privilege suspension • $1,000-$2,000 fine
12 hours minimum IDRC

Third and Subsequent Offenses

20 years driving privilege suspension
$2,000 fine • 12 hours minimum IDRC

Underage Offenders – For persons under 21 (the legal age in NJ to purchase an alcoholic beverage) who consume an alcoholic beverage, then drive a vehicle when their BAC is 0.01% or more, but less than 0.08%, the penalties are:

Minimum

30-90 day driving privilege suspension if currently licensed; or
30-90 day prohibition from becoming a licensed driver at age 17 years; and,
15-30 days mandatory community service; and participation in an IDRC or other alcohol education; and completion of a highway safety program or
A combination of the minimum sentences above and DUI sentences (see schedule)

Maximum

DUI sentences (see schedule). If the BAC is 0.08% or higher, underage persons will receive DUI sentences as noted.

Surcharges – Alcohol Violations

In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:

An insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three year period.
An insurance surcharge of $1,500 a year for three years ($4,500) for a third offense within a three-year period.
A single $100 DUI enforcement surcharge that must be paid to the court with the required fine upon conviction.

The surcharges will be imposed on a New Jersey or an out-of-state conviction. Failure to pay the surcharge will result in indefinite suspension of all driving privileges and the filing of a judgment against any personal property.

If you or a loved one has been charged with operating a motor vehicle while under the influence of alcohol, you are not without rights. Although being convicted of a DUI is a serious offense, carrying heavy penalties. An experienced DUI/DWI attorney can help you defend your rights and avoid jail time, fines and even obtain an acquittal. The criminal defense attorneys and DUI/DWI lawyers at the Clark Law Firm, PC understand your rights and are willing to stand up and fight for your driving privileges, freedom and innocence.

By contacting the experienced criminal defense attorneys at the Clark Law Firm, PC and speaking to one of our knowledgeable DUI/DWI lawyers, you can assert your rights and stand up to the charges against you. Don’t hesitate: losing driving privileges, paying hefty fines and insurance fees are serious punishments. Contact the Clark Law Firm, PC today for a consultation.

For more information, visit: http://www.state.nj.us/mvc/Violations/dui.htm

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