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Science 2013-02-09 2 min read

DUI charges in New Jersey

Individuals in New Jersey facing charges for driving under the influence have serious rights at stake.

February 09, 2013

Individuals in New Jersey facing charges for driving while intoxicated have serious rights at stake. It is illegal to drive under the influence of alcohol in New Jersey, and the state takes this very seriously. It is important for people to know and understand their rights.

Different levels of charges based on BAC

There are two different levels of DWI charges in New Jersey. The first is for a blood alcohol level between 0.08 percent and 0.10 percent. Individuals facing charges for a DWI under this law will face fines up to $900, plus an automobile insurance surcharge of $1,000 for three years. Drivers may also be subjected to up to 30 days in prison and 12 to 48 hours at the Intoxicated Driver Resource Center. Their licenses will be taken away for three months.

Drivers with a BAC of 0.10 or more face heavier penalties. Their licenses will be taken away for seven months to one year, and fines increase to up to about $1,000 plus a $1,000 insurance surcharge for the next three years. They can be sentenced to jail time for up to 30 days and will also have to attend the Intoxicated Driver Resource Center for 12 to 48 hours. These drivers will also have to have an ignition interlock device installed in their vehicles during the time their licenses are suspended, and for six months to one year after they get their licenses back.

Multiple convictions

Drivers facing a second or third DWI charge within 10 years of the previous charge can be hit with even graver penalties. After a second charge, the person can lose his or her license for two years, and the driver will have to spend 48 hours to 90 days in jail. Fines increase to over $1,500, plus another $1,000 insurance surcharge for three years. An ignition interlock device will be installed in every vehicle the driver has access to during the time the driver's license is suspended, plus one to three years after the license is restored. The driver must complete 30 days of community service and 12 to 48 hours in the Intoxicated Driver Resource Center.

After a third conviction in the 10 years following the second conviction, a driver will lose his or her license for 10 years, and fines again are up to over $1,500 and a $1,500 insurance surcharge per year for three years. The driver will be jailed for 180 days. The driver must also complete up to 90 days of community service, which may reduce time in jail, and 12 to 48 hours in the Intoxicated Driver Resource Center. Ignition interlock devices will be installed in all vehicles.

It is easy to see that drivers facing DWI charges must make sure that their rights are protected and that they have an advocate on their side. A criminal law attorney can help drivers advocate for their rights.

Article provided by The Tormey Law Firm, LLC
Visit us at www.bergencountycriminaldefensedwilawyer.com/