Drinking and Driving

PENALTIES – FIRST OFFENSE.08% BAC or “Under The Influence” 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 Term of imprisonment of not more than 30 days and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of three months NEW JERSEY DMV SURCHARGE: $1,000 per year for three years. OTHER FINES & COSTS: $ DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, NJ MVC Restoration Charge(s), $ Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

PENALTIES – FIRST OFFENSE.10% BAC or Higher or Under The Influence of Drugs. Fine of not less than $300 nor more than $500 period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days Term of imprisonment of not more than 30 days 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; IGNITION INTERLOCK DEVICE: In the Court’s discretion, six months to one year following restoration. Of license This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration. OTHER FINES & COSTS: $ DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, NJ MVC Restoration Charge(s), $ Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

TRUE OR FALSE? A Drunk Driving charge - DWI - is not that serious; it is just another traffic ticket. False. Many years ago, New Jersey Courts did not regard a DWI charge as a “ serious ” violation. This view has dramatically changed. Defenses have become hammered down and limited by New Jersey Courts, Judges are bound to impose minimum (mandatory) sentences, and Prosecutors cannot not “ plea bargain ” a DWI charge.

TRUE OR FALSE? New Jersey permits a restricted driver ’ s licenses to go back and forth to work for someone who is convicted of DWI. False. The revocation of your driver's license in New Jersey is mandatory for the prescribed period(s). There are no exceptions in New Jersey Law which would provide for a limited license for work or otherwise.

TRUE OR FALSE? There is a difference between DWI and DUI? False. DWI is an acronym for Driving While Intoxicated. DUI is an acronym for Driving Under The Influence. In New Jersey, the law makes no distinction between DWI and DUI.

TRUE OR FALSE? A DWI charge can simply be "plea bargained" to a lesser charge. False. The New Jersey Supreme Court has instructed Municipal Courts that No plea agreements whatsoever are allowed in drunk driving offenses. Further, there are no first time or other diversionary programs available to defendants. In rare cases, a Prosecutor may however, dismiss a DWI charge where the State is convinced they will not be able to prove the offense beyond a reasonable doubt.

TRUE OR FALSE? A conviction in New Jersey for DWI will have no effect on an out of state driver ’ s license. False. New Jersey Courts only have jurisdiction (i.e., authority) over your driving privileges in New Jersey. A New Jersey DWI conviction will, however, be shared with the State where you are licensed. Thereafter, that State generally can take action against your driving privileges there independent of what happened in New Jersey.