New Jersey is one of two states in the country where driving under the influence of alcohol or drugs is a traffic violation as opposed to a criminal offense.  That’s one of the few positive things about New Jersey’s DWI laws, as the NJ law is one of the most severe in the nation. Even though a New Jersey DWI is a traffic offense, you still need a NJ drunk driving attorney. Because it is a traffic offense, it can never be expunged from your driving record.

NJSA 39:4-50 is the statute that dictates New Jersey law in regards to drunk driving. As a traffic offense statute, a drunk driving violation is not a felony, not a misdemeanor and doesn’t require the arresting officer to fingerprint you or photograph you even though you are arrested and taken to the police station upon the issuance of a DUI charge.  Consequently, a DUI conviction in New Jersey will not result in you having to report a conviction to employers and others as a crime and will not show up on a criminal background investigation; however, the conviction will show up if you attempt to get a license in another state on your driving record. The conviction is not in a criminal database anywhere. For more information about how a drunk driving offense will affect a move to another state or New Jersey criminal background checks, ask your NJ drunk driving attorney.

Do I get a jury trial for my NJ drunk driving charge?

Since New Jersey treats DWI as a traffic offense, there is no jury trial for DWI charges in New Jersey.  Instead your drunk driving case will be heard and decided by a New Jersey Municipal Court judge.

A breath alcohol content (BAC) of 0.08% or higher is considered “per-se impaired”.   New Jersey also enforces lower BAC levels for commercial drivers and for driver’s under the age of 21. In addition, New Jersey DUI law mandates that you if you refuse a breath test to check your blood alcohol content level, you face two charges when your case comes before a New Jersey judge (both a DUI charge and an Alcotest refusal charge).  Refusal cases are very complex.  It is never a foregone conclusion, however, that automatic convictions will happen in refusal or DWI cases.  Your NJ drunk driving lawyer will explain all these factors to you at your initial consultation.

Penalties for Drunk Driving Convictions will be Explained by Your New Jersey Drunk Driving Attorney

Drunk driving offenses in New Jersey are serious offenses met with equally serious consequences that increase depending on the number of times you are convicted of a drunk driving offense.  Below is a summary of typical drunk driving penalties in New Jersey.

1^st Drunk Driving Conviction Penalties 

• Up to 30 days in jail
• $250-$400 fine if your BAC is under 0.10%, or $300-$500 fine if your blood alcohol level is 0.10% or above
• 3-month license suspension fine if your BAC is under 0.10%, or 7-12 month suspension if your blood alcohol level is .10 or above
• installation of an ignition interlock system on your vehicle if your BAC is 0.15% or above (usually after license suspension is complete and at your own expense)
• A minimum $325 fines and assessments
• $3000 surcharge to the state, payable over 3 years
• separate automobile insurance surcharge for 3 years
• 12 hours (2 days at 6 hours per day) of attendance at an intoxicated driver resource center (IDRC)

2^nd Drunk Driving Conviction Penalties

• 2-90 days in jail
• $500-$1000 fine
• 2-year license suspension
• installation of an ignition interlock system on your vehicle for 1 to 3 years
• A minimum $325 fines and assessments
• $3000 surcharge to the state, payable over 3 years
• automobile insurance surcharge for 3 years
• 30 days of community service

3^rd Drunk Driving Conviction Penalties

• 180 days in jail – 90 days can be served in-patient
• $1000 fine
• 10-year license suspension
• installation of ignition interlock system on your vehicle for 1-3 years
• $325 minimum other DWI fines and assessments
• $4500 surcharge to the state, payable over 3 years
• separate automobile insurance surcharge for 3 years

Your New Jersey drunk driving lawyer should inform you that all DUI convictions also include: 1) A $100 surcharge for the NJ drunk driving enforcement fund; 2) $100 intoxication driver program fee; 3) $75 Safe Neighborhood Fund fee; 4) $50 violent crimes compensation fee; 5) court costs – totaling $325 or more.  To get your driving privileges back, you must also pay a $200 motor vehicle restoration fee

New Jersey Courts are very strict with convicted DWI offenders: Hire a Qualified New Jersey DUI attorney to Challenge the Arrest

When considering the appropriate sentencing for a DUI, the New Jersey court has a “look back period” in which the court is allowed to consider a previous DUI conviction when assessing what penalties should be applied to a particular case. A complicated calculation, this look back period will be investigated by your New Jersey DUI lawyer to see if your case will be affected by any previous DUI charges. According to New Jersey DUI lawyer Evan Levow, when initially evaluating a DUI case, “it’s important to determine what factors apply, what situations apply in a given circumstance, and what needs to be effectively challenged,” and one of those factors is whether the look back period applies to your case.  In essence, New Jersey courts can consider prior convictions that occurred less than 10 years before the second conviction.  A second drunk driving violation that occurs more than 10 years after a previous one is treated as your first violation and will be penalized as a 1^st drunk driving conviction. Governed by static and specific penalties, a plea of guilty, not guilty or a plea bargain in New Jersey will always result in the same penalties.  Don’t try to go it alone if you have been charged with DUI or DWI in New Jersey. With little leniency toward drunk drivers, New Jersey courts are best approached with an experienced New Jersey DUI lawyer on your side.

Contact an Experienced New Jersey DUI Attorney

Finding yourself facing a drunk driving charge is never easy.  But, with the assistance of an experienced New Jersey DUI attorney, you stand a better chance of having a positive outcome to your case than going it alone or with someone who doesn’t understand the intricacies of the NJ DWI laws. Evan Levow’s New Jersey DUI Defense Firm offers free consultations for those facing a DUI charge. An experienced, highly-qualified New Jersey DUI attorney, Levow can be reached at 1-877-735-2288.