Penalties for Driving While Intoxicated

PENALTIES FOR DRIVING WHILE INTOXICATED

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 pay a $200.00 DWI Enforcement Surcharge.  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 four 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 pay a $200.00 DWI Enforcement Surcharge.  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 pay a $200.00 DWI Enforcement Surcharge.  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.
 If the offense occurred in a school zone –
 For a first 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.
 For a second 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.
 For a third 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.
 It is not a defense that you were unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. It is also not a defense that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
 It is important to note that New Jersey does not grant conditional or work only licenses.  Therefore, once your driver’s license is suspended, you are no longer permitted to operate a motor vehicle in this State until the period of suspension has terminated and you have effectively restored your license.  Operating a motor vehicle during the suspension period due to a DWI/DUI could result in an additional suspension of your driving privileges in addition to jail. 

 Remember, you need a lawyer that has experience in handling DWI/DUI matters.  The lawyers at Aiello Harris have this experience and are ready to vigorously defend you against these charges.

Evidence in a drunk driving case generally falls into five categories. The first of these consists of driving behavior. Unless an accident is involved, this is usually what first attracts the police officer's attention and, typically, may involve weaving, lane straddling or erratic driving. There are, in fact, 20 different driving patterns recognized by the National Highway Traffic Safety Administration which could be possible indicators of intoxication.
 The second type of evidence involves personal behavior and appearance. These may include an odor of alcohol on the breath, bloodshot eyes, thick and/or slurred speech, flushed face, fumbling with a wallet to get the driver's license, unsteady gait, leaning on the car for support, difficulty following directions, etc. Some of these — odor of alcohol, bloodshot eyes and slurred speech — are encountered so often that some officers, trained to expect them, will include them in their arrest reports even if they are not actually present.
 The third type of DUI evidence consists of the field sobriety tests. These may include walk-and-turn, touch-the-nose, one-leg-stand, modified position of attention (also called the Rhomberg test), alphabet recitation, horizontal gaze nystagmus (following an object like a pen or finger from side-to-side with your eyes). Federal studies have shown that only three of these (walk-and-turn, one-leg-stand and nystagmus) are effective in detecting intoxication; the others are unreliable and have been disapproved. As a result, a "standardized" battery of these three tests has been recommended and is increasingly being adopted by police agencies across the country.
 The fourth category of evidence consists of incriminating statements, whether made spontaneously or in response to questioning. You are not, of course, required to answer any questions at any time. Since the Miranda warning need not be given until after the arrest, the officer is free to ask incriminating questions during his initial investigation. A refusal to submit to chemical testing may be interpreted as an incriminating statement.
 The final type of DWI/DUI evidence is the chemical test. In New Jersey, you cannot refuse to take the breathalyzer.  If you do, you will be charged with two offenses: DWI and Refusing to take the breathalyzer.  Police departments can gather this type of evidence in a variety of ways; however, most often the suspect will be required to provide a sample of his/her breath.  The machines commonly utilized to analyze the suspect’s breath sample are the Breathalyzer 900 and 900A and the Alcotest 7110. 
 Remember, DWI is a serious offense and you should be represented by an experienced and qualified attorney who has specialized knowledge in police training and chemical testing.  The attorneys at Aiello Harris have this specialized knowledge and experience and are here ready to speak with you regarding your case. 

Fora free initial consultation with a New Jersey litigation attorney at Aiello, Harris, Devero, Marth & Schiffman, call 908-561-5577, or contact us online.

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