The A to Z Guide to New Jersey DWI/DUI Law
DWI/DUI is a complex field, and is becoming more
so with each passing year. I’ve attempted to answer
frequently asked questions about New Jersey DWI/DUI Law
in an alphabetically arranged manner. This should be
a starting place for your research on New Jersey DWI/DUI
law, not a stopping place. The law is constantly
changing and each case has unique facts that might
be very important to its outcome. This is why I
strongly suggest that you consult with an
experienced New Jersey DWI or DUI attorney. If you’d like
to speak to me about your situation, without cost or
obligation, please call me at (732) 238-8686.
Alcohol Tests
Q: How many hours of alcohol classes
will I have to take?
A: A minimum of 12 hours probably
spread out over two days.
Breathalyzer Tests
Q: Can I refuse to take a breathalyzer
test?
A: No. The law deems that by driving on
the roads of this State you have given your consent
to the taking of samples of your breath.
Q: What if I am convicted of both DWI/DUI
and refusal to take a breathalyzer test?
A: You will be sentenced for both
violations, and face penalties, suspensions,
potential jail sentences and other consequences for
both. We work very hard to make sure this doesn’t
happen to our clients!
Q: What are the penalties for refusal
to take a breathalyzer test?
A: They are very similar to the
penalties for DWI/DUI, with the same periods of license
suspension and substantial fines and other
penalties.
Conditional Licenses
Q: Can I obtain a conditional driver's
license to go to and from work if I am convicted?
A: No. New Jersey law does not provide
for conditional driver's licenses for work or
otherwise. This is just one more reason why you need
to really consider getting a good DWI/DUI lawyer to help
you.
Cost of a DWI
Q: What are costs of a DWI/DUI in New
Jersey?
A: When you get done adding up the
different fines, fees and penalties, the average
cost for just pleading guilty is at least $3,685.00,
not including your attorney fees, or how much your
insurance company will surcharge you. That could be
an additional $3,000 or more, spread over several
years. This obviously does not include issues like
jail time or the cost that a DWI/DUI may have on your
ability to earn a living, loss of reputation,
relationships with your spouse and loved ones. See
our article on this web site
“New Jersey DWI/DUI Penalties
and Costs”.
Crime
Q: Is DWI/DUI a crime?
A: Not in New Jersey. It’s considered a
motor vehicle violation, not a crime. This is an
important distinction for people to know when
filling out job applications that ask if you have
been convicted or a crime.
Defenses
Q: Are there any defenses to DWI/DUI in New
Jersey? Should I even bother to
hire a lawyer?
A: Yes, there are defenses. It is true
that New Jersey’s DWI/DUI laws are among the toughest in
the nation, and getting tougher all the time. That’s
why you need an attorney who knows both the law and
the science in this area very well. At Bowne Barry &
Barry, we invest hundreds of hours and thousands of
dollars every year studying new laws, new cases,
scientific developments and attending seminars of
leading experts in the field of DWI/DUI defense so that
we can thoroughly analyze and evaluate your case and
identify every technical and legal defense that
might be available.
As you know, the financial and non-financial
consequences of a DWI/DUI conviction can be crushing.
Can you afford not to have an experienced DW/DUI
attorney at your side throughout this process?
Give us a call at (732)238-8686 for a free telephone
consultation.
Drugs
Q: What if I have been charged with DWI/DUI
not because of alcohol, but because of drugs?
A: The DWI/DUI statute, N.J.S.A. 39:4-50,
makes it unlawful to "operate a motor vehicle while
under the influence of … narcotic, hallucinogenic or
habit producing drug." The same penalties apply
whether you are convicted for DWI or DUI by reason of
alcohol consumption or drug ingestion.
Failure to Complete Community Service
Q: What if I fail to complete the
required community service or attend the
ordered hours at the IDRC?
A: Bad things, such as jail, will
happen unless you’ve got a very good reason why you
did not or could not do what you were ordered to do.
Insurance Rates
Q: What will happen to my insurance if
I am convicted of DWI/DUI?
A: A DWI/DUI conviction in New Jersey
permits an insurance carrier to refuse to renew or
issue automobile insurance coverage. Insurance is
made available through the “assigned risk” (i.e.
high-risk) plan known as NJ P.A.I.P. (New Jersey
Personal Automobile Insurance Plan). Whether you are
dropped by your carrier or not, one thing is
certain: your auto insurance rates will increase
dramatically for at least three years. See “Cost of
a DWI/DUI” above.
Ignition Interlock Devices
Q: Can’t I just get one of those
interlock things where my car won’t start instead of
getting my license suspended?
A: No. The Court has the discretion to
order the installation of an ignition interlock
device on your vehicle for up to one year for a
first offense DWI/DUI and for up to three years for a
second or subsequent DWI/DUI. You have to blow into the
device to start the vehicle, and it won’t start if
your breath has above a certain pre-set level of
alcohol in it. But this device is not instead of
having your license suspended, it is in addition to
having your license suspended, and is in addition to
the other penalties already provided for DWI/DUI.
International Drivers Licenses
Q: Can I drive on my international
drivers’ license in New Jersey after my New Jersey
license is revoked or suspended?
A: No.
Jail
Q: Will I go to jail?
A: First offenses don’t usually result
in jail time. If it is a second or later offense, or
if there are aggravating circumstances, the
possibility of jail increases significantly. For a
more detailed discussion of DWI/DUI fines and penalties,
see my article “DWI/DUI
Penalties and Costs in New Jersey” on this web
site.
Miranda Rights
Q: The Police didn’t advise me of my
right to remain silent, my right to an attorney,
etc. Doesn’t this mean my case should be dismissed?
A: No. Under New Jersey law, the police
don’t have to advise you of your Miranda Rights when
they stop you for DWI/DUI. Miranda warnings need to be
given once you are taken into custody. If they fail
to do so, the effect is that any statements made
without an adequate warning, or a knowing,
intelligent and voluntary waiver of the rights may
be subject to being excluded from evidence in your
case.
Other States
Q: If I have a DWI/ DUI in
another state, does that count as a prior conviction
in this situation?
A: Yes, if the prior conviction was
based exclusively upon a violation of a proscribed
blood alcohol concentration of .10% or greater.
Penalties
Q: What are the penalties for DWI/DUI in
New Jersey?
A: For the first offense, fines range
between $250.00 and $400.00. You must attend alcohol
awareness classes at the Intoxicated Driver Resource
Center (IDRC) for 12 to 48 hours. You must pay
$100.00 for the IDRC program. You must also pay a
$50.00 Violent Crimes Compensation Board (VCCB)
penalty, and a $75.00 Safe Neighborhood Fund
Assessment. You can be sentenced to up to 30 days in
jail. You will lose your license in New Jersey for
six months to one year.
For a second violation, fines range from $500.00 to
$1,000.00. You must perform community service for a
period of 30 days. You must attend alcohol awareness
classes at the IDRC for 12 to 48 hours. You must pay
$100.00 for the IDRC program. You must also pay a
$50.00 VCCB penalty, and a $75.00 Safe Neighborhood
Fund Assessment. You will be sentenced to jail for a
term 48 hours to 90 days. You will lose your
privilege to drive in New Jersey for two years.
For a third or subsequent violation, you will be
fined $1,000.00. You must attend alcohol awareness
classes at the IDRC for 12 to 48 hours. You must pay
$100.00 for the IDRC program. You must also pay a
$50.00 VCCB penalty, and a $75.00 Safe Neighborhood
Fund Assessment. You will be sentenced to jail for a
term of 180 days, however 90 days of the jail
sentence can be served performing community service.
You will lose your driving privileges in New Jersey
for 10 years.
For a more complete discussion, see my article on
this web site, “DWI/DUI
Penalties and Costs in New Jersey”.
Plea Bargaining
Q: Can I plea bargain my DWI/DUI charge to
some other offense?
A: No. The Municipal Courts are not
permitted to plea bargain DWI/DUI charges. Plea
bargaining is still permitted of most other charges
that often accompany the DWI/DUI charge.
Refusal
Q: Can I refuse to take a breath test?
A: No. By driving on the roads of New
Jersey, according to statute, "Any person who
operates a motor vehicle on any public road, street
or highway or quasi-public area in this State shall
be deemed to have given his consent to the taking of
samples of his breath for the purpose of making
chemical tests to determine the content of alcohol
in his blood."
The penalties for refusal are similar to those for
DWI/DUI. You will be fined between $250 and $500 for any
offense. A first offense carries a six months
license suspension. A second offense carries a two
year suspension. A third offense carries a ten year
suspension. There are other significant penalties.
School Property or School Zones
Q: What happens if I’m found guilty of
DWI/DUI while within 1,000 feet of
school property or a school crossing zone?
A: 1st offense: you will be fined from
$500 to $800. You will be sentenced to jail for up
to 60 days. Your driver's license will be suspended
for a period of one to two years.
2nd offense: you will be fined $1,000 to $2000. You
must perform community service for a period of 60
days. You will be sentenced to jail for 96 hours to
180 days. The court may lower the jail term for each
day, not exceeding 90 days, served performing
community service. Your driver's license will be
suspended for 4 years.
3rd offense: you will be fined $2,000. You will be
sentenced to 180 days in jail. Your driving
privileges will be suspended for a period of 20
years. The period of license suspension begins after
you have completed any prison sentence imposed upon
you.
Suspended or Revoked List
Q: What happens if I am on the
Suspended or Revoked list at the time I was stopped
for DWI/DUI?
A: If convicted, you’ll be fined an
additional $500; your license will be suspended for
an additional period of one to two years; and you
will be sentenced to jail for not less than 10 days
or more than 90 days.
If this happens within 1,000 feet of school property
or a school zone, your license will be suspended for
an additional period of one to two years. That
suspension will begin upon the completion of any
prison sentence. You will be fined $500. You will be
sentenced to jail for 60 to 90 days for a first
offense; 120 to 150 days for a second offense; and,
180 days for a third or subsequent offense.
Temporary License
Q: If I am convicted or plead guilty to
a DWI/DUI, can I get a temporary license?
A: If you are found or plead guilty to
a DWI/DUI charge in New Jersey, you will surrender your
license to the Court then and there. It is
discretionary with the Court whether it will issue
you a temporary license to enable you to drive home
that evening. Don’t assume such a request will be
granted. If it is, it will only be for a few hours
to enable you to go directly home.
Trial by Jury
Q: Will my DWI/DUI charges be decided by a
trial by jury?
A: No. Unlike a number of other States,
there is no right to a jury trial for DWI/DUI charges in
New Jersey. Trials are presided over by a Municipal
Court judge, who decides both the legal and factual
issues.
Work Licenses
Q: If I’m convicted of DWI/DUI, won’t the
Court allow me to have some type of restricted
license so I can go to and from work?
A: No. New Jersey doesn’t permit
restricted licenses for DWI/DUI convictions.
Zzzz
Q: What does “zzzz” have to do with DWI/DUI?
A: Okay, alert reader, you got me. I
called this piece the “A to Z Guide to New Jersey
DWI/DUI Law” and frankly I ran out of ideas when it got
down to Z. If you have any suggestions, please send
me an e-mail. If we like your idea, we’ll post it
and give you credit by first name and last initial
on the web site.
