DWI Penalties

New Jersey Drunk Driving Defense

Know the Facts. Know Your Rights.

Aiello, Harris, Devero, Marth & Schiffman is committed to protecting our clients' rights and has repeatedly demonstrated our ability to succeed in the most challenging and complex drunk driving cases. If you have been arrested on drunk driving charges, contact us today.

New Jersey Drunk Driving Penalties

For the first offense, penalties may include fines that 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 pay a $200.00 DWI Enforcement Surcharge. 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 four months to one year.

For a second violation, legal consequences include fines ranging 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 pay a $200.00 DWI Enforcement Surcharge. 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, penalties include a $1,000.00 fine. 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 pay a $200.00 DWI Enforcement Surcharge. 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.

In addition, if the offense occurred in a school zone:

For a first-time drunk driving 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.

It is important to note that New Jersey does not grant conditional or work only licenses. Therefore, once your driver’s license is suspended, you are no longer permitted to operate a motor vehicle in this state until the period of suspension has terminated and you have effectively restored your license. Operating a motor vehicle during the suspension period due to a DWI/DUI could result in an additional suspension of your driving privileges in addition to jail.

Remember, there is no substitute for having an attorney with experience in DWI/DUI cases. The lawyers at Aiello Harris have this experience and are ready to vigorously defend you against these charges.

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For answers to other questions you may have a bout New Jersey's drunk driving penalties, call Aiello, Harris, Devero, Marth & Schiffman, P.C. at (908) 561-5577 or contact us online at any of our North and Central New Jersey law offices to schedule a free consultation.