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.

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.