What Are the Mandatory Statutory Penalties for a DWI?
Being charged and convicted of a DWI/DUI is a big deal in New Jersey. Even for a first offense, you could be facing serious repercussions and a mark against you that could have a lasting impact on your life. At the Law Office of Matthew V. Portella, LLC, our experienced DWI lawyer in New Jersey can help you to navigate the process of being charged with a DUI. Here’s what you need to know about the mandatory, statutory penalties for a DWI offense in our state:
What Are the Mandatory Penalties for a DWI Offense in New Jersey
As found under New Jersey law, if a person is arrested, charged, and convicted of a DWI with a blood alcohol content (BAC) of between .08 and .10 percent, the penalties are:
- A fine of between $250 and $400
- DWI surcharges of $225 as well as other mandatory state assessed financial penalties
- Imprisonment of up to 30 days
- Forfeiture of a driver’s license until the installation of an interlock ignition device is complete – the interlock ignition device must be installed for at least three months
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An insurance surcharge assessed against your automobile for $1,000 per year for three years
- Insurance eligibility points
If an offender’s BAC is .10% up to .15%, the penalties are more severe. The fine is increased to an amount of up to $500, and the period of required interlock ignition device is increased to between seven months and one year. If the BAC is .15% or higher, there is also a mandatory forfeiture of driving privileges for 4 to 6 months.
Second offenses are punished more harshly. According to New Jersey Statute Section 39:4-50(a)(2), a second-offense DWI within 10 years of a previous violation will result in incarceration period of not less than 48 consecutive hours and not more than 90 days, 30 hours of community service, the requirement that an ignition interlock device be installed and paid for a period of 2 to 4 years, and a license suspension period of 1 to 2 years.
A third DUI/DWI offense will result in a license suspension of 8years, as well as a minimum 180-day incarceration period.
Refusal to submit to a breath test
In addition to facing penalties for being convicted of a DUI, there are also mandatory penalties for the refusal to submit to a breath samples for testing purposes or blood alcohol test. Under the state’s implied consent laws, a person who refuses to submit to testing will incur a $300-$500 fine for the first offense, as well as a license suspension until an interlock ignition device is installed. The device must be installed for 9 to 15 months.
In the event of a second offense for refusal, there is a mandatory license suspension period of between one and two years and the requirement of an ignition interlock device for 2 to 4 years.
For a third offense for refusal, there is an 8 year license forfeiture and the requirement of an ignition interlock device for 2 to 4 years.
Call a Skilled DWI/DUI Attorney Today
If you have been charged with a DUI/DWI, the mandatory penalties that you will face if convicted should be taken seriously. Don’t make the mistake of trying to represent yourself when you’re facing criminal or serious traffic charges – there’s too much on the line. Instead, call the DWI defense attorney in New Jersey who has a reputation for competence and excellence. You can reach us by phone or online to schedule a consultation and begin the process of building your defense.