DUI Laws and Penalties in New Jersey
There used to be a time when laws against driving under the influence of either alcohol or prohibited drugs in New Jersey was less stringent than those from most of the rest of the 54 states. In 2004, some of these laws and penalties were changed.
A lot of those stopped for suspicion of DUI or DWI decline FST (Field Sobriety Tests; walking an imaginary straight line, reciting ABCs, etc...). You may opt to do this too since FST is 100% voluntary all over the states. But as of 2004, declining to submit a breath sample will automatically cause you from seven months to one year of license suspension. That is longer than what most of the rest of the states apply. What is worse is that New Jersey does not issue a special limited temporary license while your actual license is suspended. Unless you have access to a car pool to work or school, or you are lucky enough to have someone drive you around, or maybe you happen to live near a bus stop, then you definitely do not want to have your license suspended.
For the rest of DUI or DWI charges and corresponding penalties, read on. Add another set of miscellaneous fees totaling $700 for each conviction.
First Offense
- fine of $250 - $400 (for a BAC reading between .08 to .10 or $300 - $500 for a BAC reading over .10)
- DMV surcharge of $1000 for 3 years
- from 12 to 48 hours served time at the Intoxicated Driver Resource Center or IDRC
- from 7 to 12 months of license suspension
- mandatory attachment of Ignition Interlock Device or IID for a period of 6 months to 1 year upon lifting of the license suspension
- possibility of 30 days jail timeSecond Offense
- fine of $500 - $1000
- DMV surcharge of $1000 for 3 years
- maximum of 30 days of community service
- from 48 hours to 90 days jail time
- 2 years of license suspension
- mandatory attachment of IID from 1 to 3 yearsThird Offense
- fine of $1000
- DMV surcharge of $1000 for 3 years or $1500 if your conviction happened within the next 3 years of the last one
- minimum of 180 days jail time
- 10 years of license suspension
- mandatory attachment of IID for 3 yearsNew Jersey is also very harsh on those caught for DUI or DWI while a minor is in the car. The state also applies the "open container" policy strictly. Good luck to you if you get caught with an opened bottle or can of alcohol, even if you pass the FTS and BAC. What about prohibited drugs? That is another set of good lucks to you.
When you are read your Miranda Rights excersise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.