DWI & Permitting DWI | Fines & Penalties | Toms River Attorney

 
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What are the fines and penalties for Driving While Intoxicated (DWI/DUI) in New Jersey?

 

 

DRIVING WHILE INTOXICATED & PERMITTING DWI

N.J.S.A. 39:4-50

Please note:  If the second offense for 39:4-50 occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. There is no ‘step-down’ for a fourth or subsequent offense.
N.J.S.A.
39:4-50
1st Offense—BAC 0.08% or higher, but less than .10%, or observation case
1st Offense—BAC
0.10% or higher or observation case
2nd Offense
3rd or Subsequent
Offense

Fines

Fine:$250 to $400,
DWI Surcharge: $1,000/year for 3 years,
IDRC Fee: $230,
AEREF Fee: $100,
DDEF Fee: $100,
SNSF Fee: $75,
VCCA: $50,
Court Costs: Up to $33,
Assessments: $6
 
Fine: $300 to $500,
DWI Surcharge: $1,000/year for 3 years,
IDRC Fee: $230,
AEREF Fee: $100,
DDEF Fee: $100,
SNSF Fee: $75,
VCCA: $50,
Court Costs: Up to $33,
Assessments: $6
Fine: $500 to $1,000,
DWI Surcharge: $1,000/year for 3 years,
IDRC Fee: $280,
AEREF Fee: $100,
DDEF Fee: $100,
SNSF Fee: $75,
VCCA: $50,
Court Costs: Up to $33,
Assessments: $6
Fine: $1,000,
DWI Surcharge: $1,500/year for 3 years,,
IDRC Fee: $280,
AEREF Fee: $100,
DDEF Fee: $100,
SNSF Fee: $75,
VCCA: $50,
Court Costs: Up to $33,
Assessments: $6

IDRC

IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day

IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day

In accordance with individual treatment classification (usually 48 hours)

In accordance with individual treatment classification (usually 48 hours)

IDRC Screening Requirements

Satisfy the screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

Satisfy screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

Satisfy the screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

Satisfy the screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

Loss of Driver’s License

Driver’s license suspension for a period of 3 months.

Driver’s license suspension for not less than 7 months nor more than 1 year.

Driver’s license suspension for 2 years.

Driver’s license suspension for 10 years.

Loss of Commercial Driver’s License

Commercial driver’s license suspension for a period of 1 year

Commercial driver’s license suspension for a period of 1 year

Permanent suspension of commercial driver’s license

Permanent suspension of commercial driver’s license

Jail (or Community Service)

In court’s discretion, imprisonment not exceeding 30 days, IDRC 12 to 48 hours.

In court’s discretion, imprisonment not exceeding 30 days, IDRC 12 to 48 hours.

Imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days (court may authorize 2 days through IDRC), and Community Service for 30 days.

Imprisonment not less than 180 days in county jail or workhouse—no work-release, out- patient, etc.: must do time in confinement. Except the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC.

Facility Visitation

Optional; May order participation in supervised visitation program as either a condition of probation or form of community service.

Optional; May order participation in supervised visitation program as either a condition of probation or form of community service.

 Optional; May order participation in a supervised visitation program as either a condition of probation or form of community service.

Optional; May order participation in supervised visitation program as either a condition of probation or form of community service.

Interlock for Principal Vehicle

May order installation of an interlock device for not less than 6 months nor more than 1 year commencing immediately on return of offender’s driver’s license (39:4-50.17).

If BAC is less than 0.15% may order installation of an ignition interlock device for not less than 6 months nor more than 1 year commencing immediately on return of offender’s driver’s license, and

BAC of 0.15% or higher shall order installation of ignition interlock device during period of suspension and for not less than 6 months nor more than 1 year beginning immediately upon return of offender’s driver’s license.

Shall order installation of ignition interlock device during license suspension and for not less than 1 year nor more than 3 years commencing immediately upon return of offender’s driver’s license.

Shall order installation of ignition interlock device during license suspension and for not less than 1 year nor more than 3 years commencing immediately upon return of offender’s driver’s license.

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