DWI FAQs and Penalties

In New Jersey, a DWI (Driving While Intoxicated) refers to the offense of operating a motor vehicle while under the influence of alcohol, narcotics, hallucinogens, or other habit-forming drugs. The term DWI is used interchangeably with DUI (Driving Under the Influence) in New Jersey, and both refer to the same offense.

New Jersey’s DWI statute (N.J.S.A. 39:4-50) sets a blood alcohol concentration (BAC) limit of 0.08% or higher for drivers aged 21 and older. Drivers with a BAC at or above this limit are considered to be driving while intoxicated. For drivers under the age of 21, a BAC of 0.01% or higher is considered a violation of the state’s DWI laws.

Yes, it’s important to note that even if a driver’s BAC is below the legal limit, they can still be charged with a DWI if their ability to operate a motor vehicle is impaired due to the consumption of alcohol or drugs. This determination is typically based on the arresting officer’s observations, field sobriety tests, and other evidence.

The fines for a first-time DWI offense in New Jersey depend on the blood alcohol concentration (BAC) level of the driver at the time of the arrest: BAC of 0.08% to 0.10%: Fines range from $250 to $400. BAC of 0.10% or higher, or under the influence of drugs: Fines range from $300 to $500.

In addition to fines, a first-time DWI offender may also face other penalties, such as license suspension for 3 months (BAC of 0.08% to 0.10%) or 7 months to 1 year (BAC of 0.10% or higher, or under the influence of drugs). Mandatory participation in an Intoxicated Driver Resource Center (IDRC) program, with fees of $230 to $280, a $1,000 annual surcharge for three years, up to 30 days in jail, and an installation of an ignition interlock device for 9 to 15 months after license restoration (BAC of 0.08% to 0.10%) or 12 to 48 months (BAC of 0.10% or higher, or under the influence of drugs).

An ignition interlock device (IID) is a breathalyzer-like device installed in a motor vehicle to prevent a driver from starting the vehicle if they have been drinking alcohol. The IID is connected to the vehicle’s ignition system and requires the driver to provide a breath sample before starting the engine. If the device detects a blood alcohol concentration (BAC) above a pre-set limit (usually around 0.02% to 0.04%), the vehicle will not start.

In New Jersey, the fines and penalties for a second DWI offense within a 10-year period are more severe compared to a first-time offense. The fines for a second DWI offense in New Jersey are $500-$1,000.

License suspension for 1 to 2 years, up to 90 days of community service, imprisonment for up to 90 days, mandatory participation in an Intoxicated Driver Resource Center (IDRC) program, a $1,000 annual surcharge for three years, and installation of an ignition interlock device for 2 to 4 years after license restoration.

In New Jersey, the fines and penalties for a third DWI offense within a 10-year period are significantly more severe compared to a first or second offense. The fines for a third DWI offense in New Jersey are $1,000.

License suspension for 8 years, imprisonment for 180 days, with the possibility of serving up to 90 days of the sentence in an approved drug or alcohol inpatient rehabilitation program, mandatory participation in an Intoxicated Driver Resource Center (IDRC) program, a $1,500 annual surcharge for three years, and installation of an ignition interlock device for 2 to 4 years after license restoration.

In New Jersey, you are legally required to submit to a breathalyzer test if you are arrested on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI). This is due to the state’s implied consent law, which stipulates that by driving on New Jersey roads, you implicitly agree to take a breathalyzer test if a law enforcement officer has reasonable grounds to believe you are intoxicated.

Implied consent in New Jersey refers to the legal principle that, by operating a motor vehicle on public roads within the state, you implicitly agree to submit to a chemical test, such as a breathalyzer test, if a law enforcement officer has reasonable grounds to believe you are driving under the influence of alcohol or drugs.

If you refuse to take a breathalyzer test in New Jersey, you can face penalties under the state’s implied consent law. These penalties are separate from any potential DUI/DWI conviction and are imposed specifically for refusing the breath test. The penalties for refusing a breathalyzer test in New Jersey include license suspension ranging from 7 months to 10 years depending on the offense, and fines ranging from $300 to $1,000 depending on the number of offenses.

In addition to the penalties for refusing the breath test, you may still be charged with a DUI/DWI based on other evidence, such as the officer’s observations, field sobriety tests, and any other relevant factors.

Yes, you can appeal a DWI conviction in New Jersey. If you believe that there were legal errors during your trial or that your conviction was unjust, you can file an appeal to have a higher court review the case. It’s important to keep in mind that an appeal is not a new trial, but rather a review of the legal proceedings and decisions made during the original trial.

Hiring a DWI attorney in New Jersey can be beneficial for several reasons, especially if you are facing a DWI charge. While it is not legally required to have an attorney represent you in a DWI case, the complexity of DWI laws and the potential consequences of a conviction make it advisable to seek legal counsel.