Newark Traffic Ticket Lawyer Blog

This is a synopsis of fines, fees, loss of license, IDRC, ignition interlock, jail, surcharges, etc, for all levels of NJSA 39:4-50 conviction and most refusal offenses in New Jersey. Remember that the exact penalties you face will depend on the facts of your particular case and DWI history. Therefore, this table is only a guide:

First Offense DWI BAC .08% or more but less than .10% or operating under the influence of alcohol:

1)Fine $250-$400
2)VCCB $50
3)DDEF $100
4)SNSF $75
5)NJSA 39:4-50(i) $100
6)Surcharges $1000 per year for three years ($3000)
7)3 month loss of license (suspension)
8)12 to 48 hrs in the IDRC, Intoxicated Driver Resource Center (have to pay for the
classes)
9)Possible Imposition of Ignition Interlock, must pay for installation and monitoring.
10) up to 30 days in jail
11)$100 restoration fee for reinstatement of license at end of suspension

First Offense DWI BAC .10% or more or under the influence of drugs/narcotics/CDS:

1) Fine $300-$500
2) All others fines the same as above
3) 7 month to 1 year loss of license
4) Imposition of ignition interlock mandatory if BAC 0.15% and above for all cars owned
or regularly operated by defendant.
5) Possible jail time the same as above.

Second Offense DWI, BAC .08% and Above or Under the Influence or Refusal to Submit to a Chemical Breath Test (second or first following DWI conviction)

1) Fine $500-$1000
2) All other fines same as above
3) Jail of not less than 48 hrs and not more than 90 days. (48 hrs can be served in IDRC program-overnight stay)
4) 30 days community service
5)Mandatory installation of Ignition Interlock for not less than one year after the period of suspension.
6) If convicted of refusal and DWI, 2 year suspension on both offenses, with the suspensions to run consecutively (4yrs total possible).

Third or Subsequent DWI BAC .08 BAC or Greater or Under the Influence or Refusal (following DWI conviction):

1) $1000 fine
2) All other fines same as above
3) Incarceration of not less than 180 days
4) 10 year license suspension
5) IDRC
6) Mandatory installation of ignition interlock same as second offender
7) If convicted of refusal also, 10 year additional suspension to run consecutive to DWI

Fines, fees, and treatment as a subsequent offense may vary depending on certain factors, so it is important to consult a lawyer to verify the penalties you may face in your particular circumstances.

If you have been researching second offense DWI penalties in New Jersey, I am sure it is clear at this point that if you are convicted as a second offender, you face a mandatory 2 year loss of license in New Jersey.

I represented a client charged with his second offense. His prior offense happened in 2004 so he was not eligible for the "10 year step-down." His case presented some interesting issues, but the facts were not in his favor. However, when facing punishment as a second or subsequent DWI defendant, the court leaves you little choice other than to go to trial.

In this particular case, there was a strong possibility that if we went to trial and lost, the state would be asking for jail time, and I was inclined to believe the court would impose it.

That being the backdrop, I decided to petition the court that convicted him on the first occasion for post-conviction relief. Under normal circumstances, a post-conviction relief application in the DWI context will simply limit subsequent court's ability to impose prison time, but does not vacate the conviction. However, I was able to identify issues with his plea proceeding that allowed me to argue that the conviction should be completely vacated. I argued my motion and was successful. His first conviction was vacated.

On the day that we were scheduled for trial on the second offense, I informed the court that I had obtained relief. This case had a long procedural history. I was prepared to argue a motion to suppress and go directly to trial. Since the conviction was vacated, the court conceded that the defendant would have to be sentenced as a first offender, but was still facing up to a year loss of license because of his readings and the facts of the case.

However, I was able to identify issues with the Alcotest readings, mainly procedural aspects of the administration, and the court suppressed those readings. The effect was that he no longer was a per se offender, and they court could only suspend his license for three months.

This result was outstanding and my client was ecstatic.

In a case captioned State v Federico, the NJ Appellate Division held that a defendant convicted of a DWI offense and multiple other traffic offenses may not be sentenced to more than 180 days in county jail. The court reasoned that it has been the long standing policy to cap the term of imprisonment at 180 days for multiple convictions arising out of the same incident.

This case involved a defendant who was convicted of driving while intoxicated as third offender and also driving while suspended as a result of a a prior DWI conviction. If convicted of a third or subsequent DWI offense in NJ, there is a mandatory 6 month period of incarceration, 3 months of which may be served in a inpatient rehab.

in addition, driving while suspended as a result of a DWI conviction is a minimum of 10 days in jail, and possibly much more depending on the circumstances.

The important thing to remember is there are defenses to these charges and an experienced New Jersey DWI and traffic defense lawyer can give you your best chance to win.

First, you may hear attorneys talk about discovery. Discovery is what any experienced attorney will request from the State during the trial preparation phase of a DWI matter. Discovery consist of many different items. My discovery demand consists of about thirty different items, including police reports, videos recordings, Alcotest instrument certification documents, digital data, CAD reports, just to name a few.

Second, what is the significance of this process. Well, many of the items that I request in my discovery demand are directly related to the admissibility of the Alcotest readings. Others will help us make important probable cause determinations, like video recordings and audio recordings. Some relate to the timing of the arrest and subsequent testing which will determine if certain timing related procedural requirements were violated.

Most importantly, in many instances, if you don't demand it, and you don't know what to ask for, you will lose you case. It is that simple.

The discovery process may be the single most important pre-trial aspect of DWI representation. Consider this. I have had many DWI cases dismissed for the state's failure to provide the necessary discovery documents.

In my opinion, this is why it is important to hire a lawyer who specializes in this area, such as I do. As stated, I believe that only an experienced DWI attorney really understands how to strategically position his client for the best possible pre-trial result. And remember, in many instances, I have won pre-trial discovery motions, suppressed the Alcotest readings as a result, limiting my client's exposure, then took the case to trial, knowing that the downside to losing was the absolute minimum penalties, then won at trial anyway.

The bottom line is that if you have been charged and arrested for a DWI related offense, I implore you to contact my firm and get a free consultation. I will not pressure you. I will simply assess your case and give you an honest opinion. But know this, I am tenacious and patient. Your case will be handled as if I was the won who was facing the charges.

In State v Marquez, the NJ Supreme Court held that an individual arrested for DWI/DUI has the right to be informed of the consequences of refusing to consent (to submit) to an Alcotest (Breathalyzer) in the language that they speak. In this case, the defendant was arrested for DWI in New Jersey. It was clear that he did not speak English. When the Police brought him to the police station, the read to him, in English, what is commonly referred to as the Standard Statement. This eleven paragraph form informs the individual arrested for DWI what will happen should he/she refuse to blow into the machine. It was clear that Marquez did not understand, so the officers demonstrated what he was supposed to do (pantomime blowing into the Alcotest).

Even those who speak English have a tough time understanding this form. Most don't realize that a first conviction for refusal means no less than a seven month loss of license.

Prior to this decision, courts examining this issue had held that it was not necessary for the Standard Form to be read in the suspect's language before charging the individual with refusal. The reasoning behind this being that, under this State's implied consent laws (NJSA 39:4-50.2) a person who applies for and receives a NJ driver's license has, in essence, already agreed that he/she has an obligation to submit to a chemical test if arrested for DWI. The only requirement is that police read the standard form, in English, to the suspect. One could think of it like a contract you sign with the State when you get your license. Nonetheless, prior to being charged with refusal, the police must inform you of the consequences of doing so.

The Marquez decision is a dramatic departure from previous case law. Police are now required to provide the standard form in the language spoken by the individual arrested for DWI/DUI. In order to implement this decision, the Court will rely upon the efforts of the Attorney General and The MVC to provide the Standard Form in a variety of different languages. This may mean a simple written translation, or audio translations or ????.

This decision has received a good amount of attention. From a DWI defense lawyers perspective, I think it is a good decision for a number of reasons. But most importantly, it just seems fair that before taking a persons license for seven months, and with it their job, and all the other consequences that may follow, that they be provided with a little "heads up" in the language they speak regarding the consequences of refusal. Having on hand in the police station written or taped translations of the refusal right form is certainly not a huge burden on the State. Honestly, a CD player, a copy machine, a file cabinet, the minimal cost to the state of having a recording made of the standard form in a few different languages, it really is not overwhelming. Of course, as with all new case law decisions in favor of a DWI defendant, DUI defense lawyers will attempt to mold the case around the facts of their situation and manipulate accordingly. But I am certain that courts will give very little leeway when it comes to these types of situations. If the form is translated in the language the defendant says he/she speaks, that should suffice.

Not all DWI offenses are alike. The facts and circumstances of any NJ driving while intoxicated offense will determine the possible penalties the defendant faces. For example, many are unaware that if you were involved in a motor vehicle accident while DWI, you can be charged with an indictable offense called assault by auto, and face up to 18 months in prison. This is in addition to the any other charges. All that is required in most circumstances is for the driver of the other vehicle to complain of any pain what so ever, and it is likely the police will charged you with this offense.

Even more serious is a circumstance where a defendant is driving while intoxicated with children in the car. In that case, the state can file 2nd degree child endangerment charges and the defendant will be facing up to ten years in state prison. I can tell you from experience that the state does not back off these charges easily, and an initial plea offer will include an extended state prison sentence recommendation. These charges may be filed even when no one is injured. The mere act of DWI with children in the car can trigger the complaint.

Other enhancement scenarios include school zone offenses and driving while on the suspended list while intoxicated. There are others, but these are more common.

Sometimes, a defendant will make the mistake of not closely examining the paperwork given to he/she by the authorities. Many times, I will speak with a potential client on the phone and they tell me that they were arrested for DWI. However, after a few questions and a review of the documents, I have to inform them that the situation is not so straight forward.

If you have been arrested for a DWI, it is wise to contact a lawyer immediately. Find someone who handles DWI cases on a regular and ongoing basis and pick their brain. I am always happy to spend some time on the phone. I know that hiring an attorney is a big decision. Giving people information and counsel is one of the main reasons I enjoy being a lawyer. Although what I may tell you can sting, at least you can go forward with some important information that will help you compare attorneys and their knowhow.

For any individual charged with DWI after January 15, 2010, take note...if you are facing a first conviction for DWI, and your BAC was .15 or above, or you are facing a refusal offense, or second or subsequent DWI charge, you will also be facing the mandatory imposition of an ignition interlock system on any car that is primarily operated by you. If the BAC is .15 or above, upon conviction, the interlock system will be ordered for not only the period of suspension, but also for up to a year following the reinstatement of your license.

The installation and monitoring process is expensive and further exacerbates the already oppressive DWI penalty structure. Additionally, whether a car is primarily operated by the defendant is somewhat of an elastic term and some judges have ordered that the ignition interlock be installed on "family"cars that the defendant has access to. This can produce some odd situations, like your 75 yr old mother who lives with you having this contraption installed on her car.

The MVC website has the new ignition interlock laws posted on their site. The recent changes to these requirements further motivates the individual charged with DWI to fight the charge to the fullest.

What some don't realize is that you can be convicted of DWI without a Breathalyzer/Alcotest reading. This is called an observation case. But if you were convicted just on observations, you would face a 3 month loss of license for a first offense, as opposed to a 7 month to 1 year loss for BAC .15 and the imposition of the interlock system. Long story short, try to suppress the readings, and see if you can disprove the states observations case.