The penalties for a DWI or DUI in New Jersey are not only severe but somewhat unpredictable. Penalties are often specific to each case and based on numerous factors, including the driver’s blood alcohol concentration (BAC). While certain penalties may be imposed at the judge’s discretion, others are mandatory and unavoidable.
Mandatory penalties vary based on the nature of the DUI charges and whether you are facing a first or subsequent offense. For first-time offenders, the penalties also vary based on their BAC. Fines, license suspensions, and even jail time may all be mandatory in certain cases. In cases where the defendant refused to submit to required chemical testing, additional charges for refusal might come with separate, mandatory penalties. You should speak to an attorney about your case to determine what penalties are mandatory for you.
Receive an initial free case evaluation by calling the Lombardo Law Group at (856) 281-9600 and talking to our Atlantic City, NJ DUI defense lawyers.
Mandatory License Suspensions for DUIs
Numerous potential penalties for DUIs and DWIs are outlined in N.J.S.A. § 39:4-50, including license suspensions, and mandatory minimums and maximums may vary.
Penalties vary significantly for first-time defendants. For a first offense with a BAC of at least .08% but still less than .10%, your license may be suspended for 3 months. Although this may not be mandatory, as it is not stated in the statute, the New Jersey Motor Vehicle Commission (NJMVC) indicates that a 3-month suspension is standard.
A first-time offender with a BAC of .10% or more or a drug-related DUI must face a license suspension of at least 7 months to 1 year.
The more previous DUI or DWI violations you have on your record, the harsher the mandatory minimum penalties become. For a second offense, your license will be suspended for 1 to 2 years. For a third offense, you will lose your license for 8 years.
When facing a second, third, or subsequent DUI, your BAC does not matter as much. Even if your BAC is relatively low, you must still face the mandatory suspension period.
DUI Fines in New Jersey
Another mandatory penalty in New Jersey DUI cases is fines. Like license suspensions, fines vary based on whether this is your first offense and possibly your BAC.
For a first offense, if your BAC is at least .08% but under .10%, you are required to pay a fine of at least $250 and up to $400. Exactly where your fines fall on this range is up to the judge, and our New Jersey DUI defense attorneys may help you persuade the judge to impose a minimum penalty.
Also, for a first offense, if your BAC is. 10% or higher, the mandatory fines increase to at least $300 and up to $500.
The fines for subsequent offenses may increase regardless of your BAC. For a second offense, you must pay a fine of no less than $500 but no more than $1,000. A fine for a third or subsequent offense will be no less than $1,000.
When Jail Time is Mandatory in New Jersey DUI Cases
One of the most significant penalties for DUI defendants is potential jail time. In some cases, jail time is less than mandatory and may be imposed at the court’s discretion. For more serious DUIs or repeat offenders, jail time is required.
People facing their first DUI tend to receive the lightest penalties, and courts may have more discretion in how to impose these penalties. Under the law, a defendant convicted of a first offense may be sentenced to no less than 30 days in jail. However, the court can choose to forgo jail time depending on the circumstances of the case.
Those facing their second DUI are required to spend at least a little time behind bars. Convicted defendants must serve a jail term of no less than 48 consecutive hours and up to 90 days.
Mandatory jail time becomes far more severe for those charged with a third or additional DUI. Convicted defendants must go to jail for at least 180 days, or about 6 months.
Penalties Required for Refusal to Do Chemical Testing in DUI Cases
Chemical testing is required by law after a driver is arrested for a DUI or DWI in New Jersey, but drivers cannot be forced into testing. If drivers refuse to comply with testing, they may face additional mandatory penalties under N.J.S.A. § 39:4-50.4a.
If you are convicted of your first offense for refusal, you must forfeit your license until you install an ignition interlock device in your vehicle. You will also face a license suspension for at least 7 months to a maximum of 1 year, as well as fines ranging from at least $300 to no more than $500.
If a driver is charged with their second refusal offense, the mandatory license suspension is increased to at least 1 year and up to 2 years following the installation of an ignition interlock device. Fines also increase to no less than $500 and no more than $1,000.
Those charged with a third refusal offense may face the harshest mandatory penalties. Their license will be suspended for 8 years, and they will be fined $1,000.
How to Reduce DUI Penalties
Depending on your specific circumstances, it may be possible to mitigate the potential penalties for a DUI. Many defendants work out plea agreements with prosecutors to reduce the charges. This may be more likely if you are facing a first offense.
Plea agreements may also help defendants keep their penalties as close as possible to the mandatory minimum. Many penalties may range from a minimum to a maximum, and a plea agreement might mean that your penalties will be kept at the minimum.
We can also take the matter to court and challenge the DUI. If the prosecutor’s case is weak or the authorities violated your rights when they arrested you, you might be able to avoid penalties altogether.
Speak to Our New Jersey DUI Defense Lawyers About Your Case
Receive an initial free case evaluation by calling the Lombardo Law Group at (856) 281-9600 and talking to our New Jersey DUI defense lawyers.
