New Jersey DUI Law & Lawyers: DUI-Web

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Unlike most states, New Jersey does not have civil driver’s license consequences (most states have two separate cases that arise when you are arrested for a DUI) and the only license suspensions available to the State must be imposed by the Court. In most other states, it is possible to have the criminal charges of DUI dismissed and still lose the administrative case, thus having your license suspended even though there is no criminal conviction.

However, a DUI conviction in New Jersey is still very serious and the penalties available can include fines, license suspensions, mandatory alcohol rehabilitation classes and even jail time. In addition, New Jersey does not afford the right to a jury trial for those accused of a DUI. You have the right to a judge tried case only.

The prosecution has two separate theories in which to bring a DUI case in New Jersey. The first and most common theory is the “per se” theory in which the prosecution only needs to prove that your blood alcohol concentration (BAC) was .08% or above. It makes no difference whether your alcohol consumption affected your ability to safety drive or not. Merely having a BAC of .08% or higher breaks the law.

The second theory is the traditional “under the influence” theory in which the prosecution has the burden to prove that the consumption of alcohol and/or drugs negatively affected your ability to safely operate your vehicle. The prosecution will introduce evidence such as the arresting officer’s testimony regarding your field sobriety test performance, your driving patterns and testimony of eyewitnesses. It is possible to have a conviction under this theory even if your BAC was below .08%.

New Jersey law allows the state to “lookback” for a period of 10 years to determine prior offenses. This means that the Court can take prior convictions that occurred within 10 years of your most current arrest date to determine if the arrest is your first or subsequent offense and potentially enhance your punishment accordingly. Below are the most common punishments available for a DUI/DWI conviction in New Jersey.

If the conviction was your first offense, you can be subject to a fine of $250 to $400, a $30 court costs fee, a $50 violent crimes compensation penalty, a $75 safe neighborhood fund assessment and a $200 DWI surcharge fine. You can also be subject to 12 to 48 hours of alcohol rehabilitation classes. The court has discretion to sentence you to up to 30 days in jail. In addition, you may be subject to a court order to install an ignition interlock device in your car for up to three years after the restoration of your driving privileges.

If the conviction was your second offense you can be subject to a $500 to $1000 fine, 30 days of community service and a mandatory jail time term of 48 hours (with a maximum of up to 90 days), $30 in court costs, a $75 safe neighborhood fund assessment, a $200 DWI surcharge fund, a mandatory 48 hour inpatient alcohol rehabilitation class and an MVC surcharge of $4,500. In addition, the court must order an ignition interlock device to be installed in your car for at least three years following the restoration of your driving privileges.

If the conviction was your third offense the potential penalties include a $1000 fine, a mandatory 180 days in jail, with the opportunity to serve 90 days in an inpatient drug and alcohol rehabilitation program, $30 in court costs, $50 in violent crimes compensation penalties, a $75 safe neighborhood fund assessment, a $200 DUI surcharge fund, a restoration fee of $100, a MVC surcharge of $4500 and insurance surcharges for an additional three years. In addition, the court must order an ignition interlock device installed on your vehicle for at least three years following the restoration of your driving privileges.