- Will I be able to get my case dismissed because I was not read my
rights?
Probably not. But if you were interrogated after being placed in custody,
your statements can not be used against you.
- Will I go to jail?
On a first offense, probably not. On second or
later offenses, it becomes more probable, but an experienced attorney may be
able to keep you out.
- How will my NJ auto insurance rates be affected by a DWI or moving violation?
Most insurance carriers in New Jersey will increase your auto insurance
premiums due to a DWI or moving violation. However there are still many ways to save money on
your NJ auto insurance even if you are convicted of DWI or have moving violations.
For a Fast Free
No-Obligation NJ Auto Insurance Quote - Click Here
- How many hours of alcohol classes will I have to take?
Plan on at least 12 hours, usually two 6 hour sessions.
- What will happen if
I do not complete the classes or public service ordered by the Court?
You can go to jail.
- I lost my New Jersey license. May I
obtain a license in another state?
In most cases, no.
- If
I obtain an international driver's license, may I drive in New Jersey, even
though my New Jersey license is revoked?
No.
- What if
I burped within twenty minutes of blowing?
While this is a defense in other states, this is not a defense in New Jersey.
- Are there defenses to DWI?
Yes. Please call me as soon as possible after your arrest to discuss your case.
- What are the penalties for DWI in New Jersey?
For the first offense, fines range between $250.00 and $400.00. You must attend
alcohol awareness classes at the Intoxicated Driver Resource Center (IDRC) for
12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a
$50.00 Violent Crimes Compensation Board (VCCB) penalty, and a $75.00 Safe
Neighborhood Fund Assessment. You can be sentenced to up to 30 days in jail.
You will lose your license in New Jersey for six months to one year.
For a second violation, fines range from $500.00 to $1,000.00. You must perform
community service for a period of 30 days. You must attend alcohol awareness
classes at the IDRC for 12 to 48 hours. You must pay $100.00 for the IDRC
program. You must also pay a $50.00 VCCB penalty, and a $75.00 Safe
Neighborhood Fund Assessment. You will be sentenced to jail for a term 48 hours
to 90 days. You will lose your privilege to drive in New Jersey for two years.
For a third or subsequent violation, you will be fined $1,000.00. You must
attend
alcohol awareness classes at the IDRC for 12 to 48 hours. You must pay $100.00
for the IDRC program. You must also pay a $50.00 VCCB penalty, and a $75.00
Safe Neighborhood Fund Assessment. You will be sentenced to jail for a term of
180 days, however 90 days of the jail sentence can be served performing
community service. You will lose your driving privileges in New Jersey for 10
years.
- Can I refuse to take a breath test?
No. By driving on the roads of New Jersey,
according to statute, "Any person who operates a motor vehicle on any public
road, street or highway or quasi-public area in this State shall be deemed to
have given his consent to the taking of samples of his breath for the purpose
of making chemical tests to determine the content of alcohol in his blood."
- Are there any defenses to Refusing to take a breath test?
Depending on the
circumstances of your case, there may be defenses. Please call me as soon as
possible after your arrest to discuss your case.
- Do the same penalties for DWI apply to Refusing to take a breath test?
They
are similar. You will be fined between $250 and $500 for any offense. A first
offense carries a six months license suspension. A second offense carries a two
year suspension. A third offense carries a ten year suspension. Convictions for
similar offenses in other jurisdictions count as prior offenses.
- What if I am convicted of both DWI and Refusing to take the test?
You will be
sentenced for both violations, and your suspensions and potential jail time
will be consecutive. In other words, your penalties will essentially double.
In many situations, an experienced attorney can prevent this from happening.
- What happens if I am convicted of DWI while driving within 1,000 feet of
school property, including a school crossing zone?
For a first offense, you will be fined from $500 to $800. You will be sentenced
to jail
for up to 60 days. Your driver's license will be suspended for a period of one
to two years.
For a second offense, you will be fined $1,000 to $2000. You must perform
community service for a period of 60 days. You will be sentenced to jail for 96
hours to 180 days. The court may lower the jail term for each day, not
exceeding 90 days, served performing community service. Your driver's license
will be suspended for 4 years.
For a third offense, you will be fined $2,000. You will be sentenced to 180
days in
jail. Your driving privileges will be suspended for a period of 20 years. The
period of license suspension begins after you have completed any prison
sentence imposed upon you.
It is not a defense that you were unaware that the prohibited conduct took
place
while on or within 1,000 feet of any school property or while driving through a
school crossing. It is also not a defense that no juveniles were present on the
school property or crossing zone at the time of the offense or that the school
was not in session.
- What happens if I am convicted of Refusing to take the breath test and if I
was driving within 1,000 feet of school property, including a school crossing
zone?
You will be fined between $500 and $1,000. For a first offense, your license
will be
suspended for one year; four years for a second offense; and, 20 years for a
third or subsequent offense. Any license suspension begins after you have
completed any prison sentence imposed.
- What happens if I am on the Suspended or Revoked list at the time I was
stopped for DWI?
Upon conviction you will be fined an additional $500; your
license will be suspended for an additional period of one to two years; and you
will be sentenced to jail for not less than 10 days or more than 90 days.
- What happens if I am on the Suspended or Revoked list at the time I was
stopped for DWI or Refusal and I was driving within 1,000 feet of school
property, including a school crossing zone?
Your license will be suspended for
an additional period of one to two years. That suspension will begin upon the
completion of any prison sentence. You will be fined $500. You will be
sentenced to jail for 60 to 90 days for a first offense; 120 to 150 days for a
second offense; and, 180 days for a third or subsequent offense.
- If I have a license in another state, do I lose my driving privileges in my
home state also?
Not automatically. Please call me to discuss this complicated
situation.
- Once I have served my period of suspension, do I automatically get my
license back?
No. You must pay a restoration fee of $50.00 to the Division of
Motor Vehicles.
- If I am sentenced to jail, are there any alternatives to actually going to
jail?
Yes. Please call me as soon as possible after you have been charged with DWI,
so that we can explore the alternatives with you immediately.
- Even though I have been convicted of DWI before, is there any way to have
my prior conviction(s) overturned or nullified for my current situation?
Yes.
Please call me as soon as possible after you have been charged with this DWI,
so that I can explore the alternatives with you.
- If I was convicted of DWI or DUI in another state, does that count as a prior
conviction in this situation?
Yes, as long as the prior conviction was based
exclusively upon a violation of a proscribed blood alcohol concentration of
.10% or greater.
- If my driving privileges are suspended or revoked at the time of my DWI, how
is the additional period of suspension calculated?
Any additional suspension
imposed in the current DWI matter will begin on the date of termination of the
existing revocation or suspension period.
- If I have a prior conviction for DWI that is more than 10 years old, does that
count as a prior conviction for sentencing in this matter?
No. If the second
offense occurs more than 10 years after the first offense, the court shall
treat the second conviction as a first offense for sentencing purposes and if a
third offense occurs more than 10 years after the second offense, the court
shall treat the third conviction as a second offense for sentencing purposes.
- Can the Intoxicated Driver's Resource Program make me take any additional
classes or order additional counseling?
Yes. As part of your sentence, you have
to satisfy the screening, evaluation, referral, program and fee requirements of
the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit,
and of the Intoxicated Driver Resource Centers and a program of alcohol and
drug education and highway safety, as prescribed by the Director of the
Division of Motor Vehicles.
- What happens if I do not comply with the IDRC classes or additional
recommendations for counseling?
The court will sentence you to a mandatory
two-day term of imprisonment in a county jail and a driver license revocation
or suspension and continuation of revocation or suspension until such
requirements are satisfied.
- What if I am under 21, what is the law regarding DWI?
If you have a blood alcohol concentration of 0.01% or more, but less than 0.08%, you will forfeit
your right to operate a motor vehicle in New Jersey or be prohibited from
obtaining a license to operate a motor vehicle in New Jersey for 30 to 90 days
beginning on the date you become eligible to obtain a license or on the day of
conviction, whichever is later.
You must perform community service for a period
of not less than 15 or more than 30 days. You have to satisfy the program and
fee requirements of the IDRC. These penalties are in addition to the penalties
which the court may impose under the DWI and criminal laws.