DWI Penalties and Defense in New Jersey
In New Jersey, Driving While Intoxicated, or DWI can result in a range of penalties. These include license loss, imprisonment, court fees and surcharges, fines and even mandatory counseling. No difference exists in New Jersey between DWI and DUI, known also as Driving under the Influence. This makes it wise to consult with a Monmouth County DWI Lawyer if you have been charges with DWI in NJ.
Any first-time offender found to have 0.08 percent Blood Alcohol Content (BAC) can expect facing several stringent penalties. These include receiving a fine of between $250 and $400, a term of jail not exceeding 30 days plus a three-seven month driving-license suspension. In addition, the New Jersey Motor Vehicle Commission (NJMVC) also imposes a string of penalties to the offender. These are an annual $1,000 surcharge for three years, $200 payments to DWI Enforcement Fund, $75 to Safe Neighborhood Fund, $50 to Violent Crimes Compensation Fund and a license restoration fee of $200.
The offending person is also put under obligatory counseling for between 12 and 48 hours, which takes place at an Intoxicated Driver Resource Centre, or IDRC. This entire rehabilitation exercise may cost $150, with extra payment being levied if the IDRC stipulates outpatient counseling.
For a first-time offense, the fine charged lies in-between $300 and $500, if one is found to have 0.1 percent or higher alcohol content. In such case, the jail term along with other charges remain unchanged, except that the license gets revoked for a period of between 7 months and one year. As well, the court can direct for an Ignition Interlock Device to be installed on the law-breaker’s vehicle.
For committing a second DWI offense, the fine gets raised up to $1,000 from $500 and imprisonment to 90 days from 48 consecutive hours. Other measures meted out in this instance include two-year loss of license, 30 days of performing community service, together with charges and fees as prescribed for first-time offenders. All of these are good reasons why you should hire a qualified New Jersey DWI Defense Lawyer.
The judge retains discretion to revoke registration of the involved vehicle for two years, as opposed to installing ignition interlock device. If conviction pertains to a third-time or subsequent offense, a fine of $1,000 is administered, with the corresponding jail term being 180 days and above. The surcharge imposed by NYMVC shoots up to $1,500, if the period in-between committing the first and second offense lies within three years. Penalties generally become stiffer for an offender who commits DWI violations within close proximity of a school zone.
In New Jersey, DWI convictions are permanently incorporated into the driving record of offenders. Many insurance firms conduct a three-year evaluation of driving history and are most likely to increase premium rates for individuals bearing a DWI tag.
It is vital to note that convictions for DWI/DUI offenses in other states are taken as prior offenses in the state of New Jersey. Hiring a competent lawyer to represent you in court naturally boosts your chances of receiving lesser penalties. The judge may even altogether acquit you of DWI charges, especially when your attorney is able to successfully challenge admissibility of any incriminating evidence. Consequences of DWI conviction can be quite extensive and go beyond a mere court case. The Monmouth County DWI Lawyers at Schneider Freiberger are seasoned in representing and defending clients facing these charges. Hiring them can help boost the prospects of your case too.
The lawyers at Schneider Freiberger, P.C. have been defending DWI charges in Monmouth, Ocean, Middlesex, Mercer, Hudson, Essex, Atlantic, and Somerset Counties, just to name a few. We have been helping DWI clients beat their charges all over the State of New Jersey for more than 40 years. Dean I. Schneider, Esquire has more than a decade of experience as a prosecutor, so he understands both sides when it comes to defending against DWI Charges in New Jersey.
There are a variety of ways to challenge and defend your case in New Jersey. The initial consultation is always free. Call our office today at 732-747-0100 to see how we can help you. You can also contact us by email.