DUI / DWI Statute – Penalties by Offense

 DWI – N.J.S.A. 39:4-50

PENALTIES – FIRST OFFENSE (.08% BAC or “Under The Influence”)

(1) For the first offense:

(i) if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle,

  • to a fine of not less than $250 nor more than $400 and
  • a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and,
  •  in the discretion of the court, a term of imprisonment of not more than 30 days and
  • shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months.

PENALTIES – FIRST OFFENSE  (.10% BAC or Higher or Under The Influence of Drugs).

(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle,

  • to a fine of not less than $300 nor more than $500 and
  • a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and
  •  in the discretion of the court, a term of imprisonment of not more than 30 days and
  • shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

 PENALTIES – SECOND OFFENSE

(2) For a second violation, a person shall be subject

  • to a fine of not less than $500.00 nor more than $1,000.00, and
  • shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and
  • shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and
  • shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction
  • For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

PENALTIES – THIRD OR SUBSEQUENT OFFENSE

(3) For a third or subsequent violation,

  • a person shall be subject to a fine of $1,000.00, and
  •  shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and
  • shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.
  • For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

In addition to Driving Under the Influence, the Law Office of Qadeer & Associates can also help you with any minor traffic offenses.  Although the fine for a traffic ticket may  be small, it is important to remember the impact these violations can have on your insurance.  You may end up having to pay more in the long run, so it is important to retain an attorney and fight even the smallest of violations.

  • Traffic Offenses
  • Careless Driving
  • CDS in a Motor Vehicle
  • Driving While Suspended or Revoked
  • Driving Without Liability Insurance
  • Leaving the Scene
  • License Suspension
  • Motor Vehicle Violations
  • Refusal to Take Breathalyzer/Alcotest Test
  • Speeding

 

About okqlaw
Omar K. Qadeer, Esq., began working in New Jersey shortly after becoming admitted to the New Jersey Bar and has been with the firm since. Mr. Qadeer practices in a wide range of areas, including family law (divorce, child custody, child support), immigration, civil litigation, municipal law and criminal defense. Mr. Qadeer earned his J.D. from Roger Williams University School of Law, where he gained experience as a student attorney in the school's Community Justice Law Clinic, working on child support, child custody and divorce cases. Within his first year, Mr. Qadeer had made approximately 200 court appearances in his areas of practice. While the number of appearances has increased over time, Mr. Qadeer still offers the same level of professionalism and care that his clients appreciate. Through his law school career, Mr. Qadeer also worked as an intern for the Office of the Executive Counsel for the Governor of Rhode Island and part-timed as a judicial clerk for the Honorable Judge Stephen P. Erickson of the Federal District Court in Newport, Rhode Island. Mr. Qadeer also interned at Rhode Island Legal Services, where he gained experience in a number of different fields, from consumer/bankruptcy law to family and tax law. Before coming to New Jersey, Mr. Qadeer worked as a legal intern and law clerk in Rhode Island and Massachusetts, respectively. In addition to his law degree and various experiences, Mr. Qadeer also has a Masters in Criminal Justice (MS) from Roger Williams University and a Masters in Psychology (MA) from the University at Buffalo. Mr. Qadeer completed his undergraduate education from the University at Buffalo in Psychology and graduated with distinction, being awarded high departmental honors for his work in the Department of Psychology's Honors Program. Mr. Qadeer continues to work towards looking out for the best interests of the firm's clients.

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