Driving while intoxicated (DWI) is a severe crime in new jersey that could earn you a jail term or hefty fines. If you commute around new jersey, it is essential to familiarize yourself with the state’s drunk driving laws to avoid getting into trouble and exercise safe driving.
What happens on the road
If an officer suspects you or driving while drunk or of any other traffic offense, they will pull you over to the side for a DUIcheckpoint. Despite what made the officer suspect you, you can expect a test for possible intoxication, including physical sobriety tests like walking in a straight line or following a finger through your eyes. You can also be asked to take a test through a breathalyzer.
If found intoxicated or guilty of any other traffic offense, you are arrested and the car impounded for 12hours. New Jersey does not consider DUI a criminal offense, so you may be held overnight or required to make bail unless guilty of personal injury, possession of illegal substances, or property damage.
From there, you are released and issued with one or more traffic tickets. The court date is indicated on the bottom of the DUI ticket. You have a chance to hire an attorney before arraignment.
Penalties for a first time DUI in new jersey
The first-time penalty for a DUI offense is based on the BAC percentage of the driver during the arrest.
First time DUI (BAC 0.08%- 0.09%)
- One can be sentenced to up to 30days in jail.
- A civil fine of $250-400 can be imposed.
- The offender can be required to pay a surcharge of $1000 annually for three years.
- The driver is required to install an ignition interlock device for three months.
- A judge can order the offender to stay 12-48hours in an intoxicated driver resource center and pay $230.
First time DUI (BAC 0.10% and greater)
The only penalty changes here are that the fine increases to $300-500. A driver with a BAC level of 0.15% or more is subject to license suspension for up to 6months. They can also be required to install an ignition interlock device for the license suspension duration plus another 6-18months.
Generally, the cost of a DUI charge can range from $3755-4055, not inclusive of other economic losses like the suspension reinstatement fee, having the car impounded, and additional personal costs.
Refusing a breath test offense
According to New Jersey implied consent laws, any driver driving on a new jersey highway is deemed to consent to a sobriety test. A driver who refuses an alco-test is acquitted. They can face license revocation for up to 7months or more and a fine of $300-500.
A first offense of underage DUI
A driver under 21years is not allowed to consume any alcohol, let alone driving under the influence. Underage drivers with BAC between 0.01% and 0.10% can face license suspension for 1-3months. They can also be required to perform community service for 30days. A BAC above 0.10% calls for the full penalties of an adult DUI charge.
DUI sentencing alternatives
A DUI jail term can be harsh as it is the most difficult DUI penalty to endure. But a judge can allow an alternative like community service, house arrest, probation, or a stay in an intoxicated driver resource center (IDRC).
