Driving While Intoxicated (DWI) in New Jersey is a serious offense that carries significant consequences. If you find yourself facing your first DWI charge, it is essential to understand what you potentially face under New Jersey law. It is important to be aware of what you can expect regarding penalties, legal requirements, and the overall process following a first-offense DWI charge.
What is a first offense?
Under New Jersey law, a first offense DWI refers to an individual’s initial conviction for driving under the influence. It is important to note that for a DWI based on alcohol intoxication there are two ways for the State to prove guilt. The first is solely on observations alone, where it often relies on performance on field sobriety tests. The second, and most common is through the introduction of a valid reading from an Alcotest machine that measures blood alcohol concentration (BAC). To sustain the conviction of a driver, the State must establish that the driver has a BAC of 0.08% or higher. Depending on your BAC level at the time of arrest, penalties can differ substantially.
If you are convicted of DWI where the basis for the intoxication was drugs you face a license suspension of 7-12 months on a first offense.
BAC Thresholds and Corresponding Penalties
In New Jersey, the penalties for a DWI charge are tiered according to your BAC at the time of the offense. The penalties are grouped into three tiers, .08-.10%, .10-.14%, and .15% and above. For the purposes of penalties, DWI convictions based solely on observations are punished in accordance with the first tier.
The first two tiers call for the installation of an Ignition Interlock Device (IID) in the vehicle that the driver principally owns or operates for different periods of time depending on the BAC reading. A 90-day license suspension is prescribed if the BAC reading is above a .15.
Regardless of the tier there are significant collateral penalties faced a person convicted of DWI. These include fines, potential incarceration, motor vehicle commission surcharges, and attendance at the Intoxicated Drivers’ Resource Center (IDRC) from anywhere from 12 to 48 hours. IDRC participation is mandatory. This entails completing educational programs aimed at alcohol awareness and rehabilitation.
Ignition Interlock Device Requirements After Sentencing
New Jersey law mandates the use of an IID for certain DWIs even after you have served your initial sentence. On a first offense, if your BAC is 0.15% or higher you may be required to install an IID in your vehicle even after your license is reinstated. This device uses breath tests before allowing the car to start and does refresh checks at random times during a drive, to ensure that the driver had not consumed alcohol.
Financial Penalties
In addition to fines, you may encounter various court fees and surcharges that can accumulate following a DWI conviction. The total financial impact of a DWI can include:
– Fines
– Court fees
– MVC surcharges of $1000 a year for the next three years
– Increased car insurance premiums
Long-Lasting Impact
While a first DWI charge in New Jersey does not result in a criminal record, meaning it will not show up on a criminal background check, its effects can still linger. The conviction will forever remain on your driving record and can influence future employment opportunities, insurance rates, as well as driving privileges. It may also have serious implications for any professional licenses you hold and severe immigration consequences for non-citizen drivers and even for citizens including potentially barring you from entry into Canada
Navigating a first offense DWI in New Jersey can be complex and daunting. Understanding the various consequences and legal implications is crucial for making informed decisions now and in the future. If you or someone you know is facing a DWI charge, it may be beneficial to consult with an attorney who can provide guidance tailored to your circumstances. New Jersey has recently updated the law to allow drivers facing DWIs to obtain credits and benefits for early installation of IID. These benefits and credit could include the ability to cancel out a license suspension or significantly reduce fines. Having an attorney who is up to date with the ever-changing New Jersey DWI laws and experienced in how to leverage those laws in your favor is the best way to protect your interests.
By staying informed and prepared, and engaging an attorney experienced in DWI defense, you can mitigate the impact of a first offense DWI and work towards rebuilding your driving record and reputation.
