If an officer catches you driving a motor vehicle while under the influence of alcohol or drugs in New Jersey, you could face a charge for driving while intoxicated (DWI). DWI is a criminal offense, and a conviction can lead to some severe penalties.
But don’t think for a second that you’ll face the same punishments every time you commit a DWI offense. Each subsequent offense will lead to increasingly severe penalties, both criminal and administrative.
First-time DWI offenses
Under New Jersey law, a first-time DWI offender is someone who has never been convicted of a DWI before or has no prior DWI convictions within the last ten years. Generally speaking, the punishment for a first DWI offense includes:
- A fine ranging from $250 to $400 if your BAC is 0.08% but less than 0.10%, or $300 to $500 if your BAC is 0.10% or higher.
- A possible jail term of up to 30 days.
- A license suspension of three months for BAC of 0.08% but less than 0.10%, or seven months to one year for BAC of 0.10% or higher.
- Mandatory attendance at an Intoxicated Driver Resource Center (IDRC).
A court may also order the person to have an ignition interlock device installed in their vehicle as part of the requirements to reinstate their suspended license.
Repeat DWI offenses
Repeat offenders face harsher penalties. A second DWI conviction within ten years of the first includes:
- A fine of $500 to $1,000.
- A mandatory jail sentence of at least 48 hours, but not more than 90 days.
- A two-year license suspension.
- Required community service for 30 days.
A third or subsequent offense within ten years of the second carries even more severe consequences:
- A $1,000 fine.
- A mandatory jail term of 180 days, which may be reduced by up to 90 days of community service.
- A ten-year license suspension.
Unlike a first-time DWI, where the requirement to install an ignition interlock device is up to the court’s discretion, it’s a mandatory requirement for repeat offenders.
The difference between first-time and repeat DWI offenses in New Jersey is significant, with penalties increasing substantially for repeat offenses. You’ll need legal know-how to navigate the court process, whether it’s your first or third DWI offense. A lawyer experienced in criminal defense might be able to do that and even represent you during the hearing.