DWI Penalties Attorney in Hudson County New Jersey
Every state across the country treats DWI charges differently. In New Jersey, DUI charges are considered motor vehicle violations as opposed to criminal charges like most surrounding states. However, do not start celebrating just yet – New Jersey has some of the strictest DWI penalties in the entire country. This is because a first offense DWI in New Jersey carries a suspension of your driving privileges and/or mandatory installation of an ignition interlock device in your vehicle. Unlike other states, New Jersey does not offer a work license or “hardship” license, so suspension of your driver’s license is required if so ordered by the court. And don’t get caught driving while suspended for your DWI because that will result in mandatory jail time or even fourth degree indictable charge depending on the circumstances. To make matters worse, the suspension is normally accompanied by an interlock device, community service, thousands in fines, and even incarceration. Furthermore, New Jersey does not allow for any jury trials on DWI cases and prohibits the prosecutor from plea bargaining DWI and DWI Refusal charges. This means the only way to beat or downgrade a DUI charge is to aggressively challenge the state’s case against you that they cannot prove certain elements of the charged offense. Please see the following chart to get an idea of what New Jersey DWI and Refusal penalties entail:
FIRST DUI OFFENSE
| Blood Alcohol Content (BAC) | Ignition Interlock Device | Fines and Assessments | Prison Term |
| .08% – .99% | Three (3) Months | $805- $1005 plus $1000/ year surcharge (for 3 years) | Up to 30 days |
| .10% – .14% | Seven (7) to Twelve (12) Months | $755- $905 plus $1000/ year surcharge (for 3 years) | Up to 30 days |
| .15% and higher | Nine (9) to Fifteen (15) Months, after License Suspension for Four (4) to Six (6) Months | $755- $905 plus $1000/ year surcharge (for 3 years) | Up to 30 days |
Note: there is also a mandatory license suspension for the period prior to installation of the ignition interlock device in your vehicle.
SECOND DUI OFFENSE
| Blood Alcohol Content (BAC) | License Suspension | Fines and Assessments | Prison Term |
| .08% and higher | One (1) to Two (2) Years | $1,055- $1,555 plus $1000/ year surcharge (for 3 years) | 48 hours- 90 days |
Following license suspension period, an ignition interlock device may be required for between 2 years and 4 years.
THIRD DUI OFFENSE (WITHIN 10 YEARS OF 2ND OFFENSE)
| Blood Alcohol Content (BAC) | License Suspension | Fines and Assessments | Prison Term |
| .08% and higher | Eight (8) Years | $1,555 plus $1,500/ year surcharge (for 3 years) | 180 days |
Following license suspension period, an ignition interlock device may be required for a period ranging from 2 to 4 years.
Additional DWI Financial Penalties
What is the penalty for DUI in New Jersey? A DUI or DWI conviction in Hudson County can impose various penalties on a driver, including statutory fines. DUI penalties can also have financial consequences for drivers convicted of driving while intoxicated or under the influence of drugs beyond the fines imposed by law.
Some of the additional fees and financial expenses that a driver may face following a DUI conviction include:
- A $230 (or $280 for subsequent convictions) fee payable to the Intoxicated Driver Resource Center
- A $100 fee payable to the state’s drunk driving fund
- A $100 fee to the Alcohol Education and Rehabilitation Fund
- A $75 fee to the Neighborhood Services Fund
- A $1,000 annual insurance surcharge payable to the Motor Vehicle Commission for three years
Drivers may also have to install ignition interlock devices as part of their sentence, which requires paying the device provider service fees to operate the device. Furthermore, when a DUI conviction results in a driver’s license suspension, an individual must pay a restoration fee to the Motor Vehicle Commission to get their license back after serving the suspension or having their driving privileges restored.
DUI convictions may also result in higher auto insurance premiums, as insurers may view someone convicted of driving under the influence as a higher risk. Because insurers look back several years into a driver’s record, DUI convictions can lead to increased insurance expenses for years following a DUI.
DWI Refusal Penalties in New Jersey
NJ DUI penalties can also extend to administrative sanctions for drivers who refuse chemical testing after an arrest.
New Jersey’s implied consent law deems every driver to have consented to chemical testing of their breath or blood after an arrest for DUI. While police cannot force a person to submit to a chemical test, a driver who refuses can face serious penalties, including driver’s license suspensions.
The Motor Vehicle Commission can impose suspensions regardless of the outcome of any DUI arrest or prosecution. Drivers must also serve the suspension consecutively to any suspension imposed for a DUI conviction.
A driver who refuses testing after a DUI arrest will also have to install an ignition interlock device on their vehicle as a condition of restoring their driving privileges.
Contact a Hudson County DWI Lawyer Today
The penalties that can result from an arrest and conviction for DUI in Hudson County are serious. That is why it is essential to have dedicated legal counsel in your corner to help you protect your rights, reputation, and future.
William Proetta Criminal Law has a successful track record across thousands of criminal cases in New Jersey. Although our past success cannot guarantee future results, our record shows our determination to fight for the best possible results for our clients. At our law firm, you can expect to receive personal attention from your attorney, rather than having to talk through junior associates or support staff. We make ourselves available to talk whenever you need us, including evenings and weekends.
Contact William Proetta Criminal Law today for a free case review with an experienced Hudson County DUI defense attorney to learn more about what you could face if convicted of intoxicated driving in Hudson County and how you can fight back.