• K. Garcia

NEW DWI/DUI PENALTIES: What You Need to Know



On August 23rd, 2019, Governor Murphy signed Bill S824, changing NJ DUI/DWI sentencing laws applicable to first, second, third and subsequent time offenders. They became effective December 1, 2019.

New Penalties for First, Second, Third and Subsequent DUI/DWI Time Offenders

New penalties for first-time offenders based on the driver’s BAC at the time of offense in New Jersey:

- BAC of .08% to .10% - Must install ignition interlock device at owner’s expense and use the device for three (3) months; Driver’s license will be suspended until the ignition interlock device is installed in the vehicle.

- BAC of .10% to but less than .15% - Must install ignition interlock device at owner’s expense and use the device between seven (7) months to one (1) year; Driver’s license will be suspended until the ignition interlock device is installed in the vehicle.

- BAC at or above .15% - Must install ignition interlock device at owner’s expense and use the device for nine (9) to 15 months; Driver’s license will be suspended between four (4) and six (6) months.

Please note that there are additional penalties for first time DUI/DWI offenders in New Jersey. These include:

- Fines between $250 to $500

- Completion of evaluation, referral and program requirements of the Intoxicated Driver Resource Center (IDRC)

- A sentence of up to 30 days in a county jail

- Surcharges from the Department of Motor Vehicle for three (3) years

New penalties for second-time DUI/DWI offenders:

- Fines between $500 - $1,000

- Completion of evaluation, referral and program requirements of the Intoxicated Driver Resource Center (IDRC)

- Driver’s license suspended up to one (1) to two (2) years

- Must install ignition interlock device at owner’s expense and use the device between two (2) to four (4) years

- Surcharges from the Department of Motor Vehicle for three (3) years

- A sentence of up to 90 days in a county jail

New penalties for third or subsequent time DUI/DWI offenders:

- Minimum of $1,000 fine

- Completion of evaluation, referral and program requirements of the Intoxicated Driver Resource Center (IDRC)

- Driver’s license suspended for 8 years

- Must install ignition interlock device at owner’s expense and use the device between two (2) to four (4) years

- Surcharges from the Department of Motor Vehicle for three (3) years

- 30 to 90 days of community service

- A sentence of up to 180 days in a county jail

How to Avoid a Conviction for a DUI/DWI in New Jersey

A DUI/DWI charge/offense is a not a conviction. You can fight these charges/offenses in court. Contact us now at (201) 340-2899 to talk to an experienced NJ DUI/DWI lawyer to defend you against a DUI/DWI conviction in court.

Terms:

Ignition interlock devices are breathalyzer machines installed in your car that tests Blood Alcohol Concentration (BAC). Drivers will have to use these devices before starting their vehicle or their vehicles will not be able to start.

Intoxicated Driver Resource Center (IDRC) is an educational/screening program for individuals convicted of various statutes pertaining to operating under the influence, refusal of the breathalyzer, underage drinking, drunk boating, and fatal emergent accident. Based upon screening criteria, individuals may be referred to a substance use treatment agency for further evaluation.  If referred for treatment, the IDRC is responsible for monitoring treatment compliance. 


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