Social drinking is perfectly acceptable in our society. Ordering a glass of wine, or two, with dinner and then driving home is a common occurrence. But after how many glasses do circumstances become dangerous? Consuming alcohol and/or other drugs and getting behind the wheel endangers the driver, passengers, other cars on the road, and pedestrians. Read on to learn the laws regarding drinking and driving in New Jersey.
What is a DWI?
DWI stands for “driving while intoxicated” or “driving while impaired.” This refers to driving while impaired by alcohol and/or other drugs, including those prescribed by a doctor. The key word is “impaired,” meaning no longer able to operate a vehicle safely.
What is the difference between a DUI and a DWI?
DUI stands for “driving under the influence.” In some states, these terms can refer to different offenses, but in New Jersey, they may be used interchangeably.
What is the penalty for a DWI in New Jersey?
The penalty for a DWI is not the same for everyone. Instead, it depends on the severity of the charge. Charges are based on blood alcohol content (BAC) and past offenses.
Blood Alcohol Content?
BAC refers to how much alcohol is in your bloodstream. For example, if you have a BAC of .10%, that means 1% of your bloodstream is comprised of alcohol. Your BAC will determine the severity of your DWI charge. In New Jersey, if you are of the legal drinking age, 21 years old, it is illegal to drive with a BAC of .08% or higher. If you are under 21, it is illegal to drive with a BAC over .01%. Two people may drink the same amount of alcohol, but have different blood alcohol contents. Your BAC depends on your height, weight, how much you drink, what type of alcohol you drink, and how much time passes between drinks. Your BAC is determined by a breathalyzer test or a blood test.
What if I refuse to take a breathalyzer test?
If you refuse to take a breathalyzer test in New Jersey, you may be subject to the charge of “Refusal to Submit to Chemical Test.” This will result in additional penalties.
If you are over 21 and you are pulled over with a BAC between .08% and .09%, and this is your first offense…
You will face the following court-ordered charges:
- Loss of driving privileges for three months
- Up to 30 days in county jail
- Between $250-$400 in fines
- A $1,000 automobile insurance surcharge for three years
- Other fees and surcharges in excess of $525
- Possible Ignition Interlock requirement for 6-12 months
- Alcohol/substance abuse assessment
- 12 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).
If you are over 21 and you are pulled over with a BAC of .10% or higher and this is your first offense…
You will face all of the above court-ordered charges, plus:
- Forfeiture of driver’s license for 7-12 months
- $300-$500 in fines
- Mandatory Ignition Interlock 6 – 12 months if your BAC is above .15%
What if it’s a second offense?
If it is your second offense within 10 years of the first, you will face higher charges than before. Additionally, there is no lower suspension for a lower BAC, as there is when it is a first offense.
These charges will include:
- Mandatory 2 year license suspension
- Jail time from 2-90 days
- 30 days of community service
- Fines between $500-$1000
- A $3,000 automobile insurance surcharge for three years
- 12- 48 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).
- An ignition interlock device while license is suspended and following return of license
Third offense?
You will face the following court-ordered charges:
- 10 years of license suspension
- 180 days of jail time
- Up to 90 days of community service
- 12- 48 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).
- A $4,500 automobile insurance surcharge for three years
- Minimum $1,000 fine
- An ignition interlock device
What precautions can I take to avoid a DWI?
Don’t drink and drive!
Plan ahead. Make sure you have a designated driver, or access to a ride share service. While drinking, remember to pace yourself and be responsible.
I got a DWI… What do I do next?
If you or a loved one has a DWI charge, you should contact The Law Offices of Richard E. Novak, LLC for legal assistance.
Contact The Law Offices of Richard E. Novak, LLC
The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.