NEW JERSEY CRIMINAL LAWYERS

NJ DWI SENTENCING IN NEW JERSEY

Defending Your NJ DWI Case and Understanding the Penalties

Driving while intoxicated (DWI) is an offense in New Jersey that comes with severe penalties for violators. It’s essential to have a clear understanding of the penalties so you can take the necessary steps to avoid them. Our experienced and reputable lawyers have more than 100 years of combined experience defending DWI cases in New Jersey, and we pride ourselves on achieving favorable outcomes for our clients.

Understanding DWI Penalties
Aggravating and mitigating circumstances affect the severity of the consequences for a DWI conviction. The judge considers various factors, including blood alcohol concentration (BAC), which shows if you are likely to re-offend, during sentencing. Having an excessively higher BAC than legally allowed is generally considered an aggravating circumstance by the court.

The severity of damage caused at the time of the violation also influences sentencing. If property damage, injury, or death results from drunk driving, then this is regarded as a serious aggravating factor by courts.

Other factors considered include your behavior towards law enforcement when stopped or subsequently arrested; violent conduct increases your chances of getting heavy penalties.

If past violations exist on your record or previous DWI convictions occurred within ten years, these will likely incur increased penalties compared to first-time offenders. If you have prior out-of-state convictions where BAC levels were above New Jersey’s legal limit at out-of-state’s time, when sentenced in New Jersey, they qualify as priors under state law.

DWI Sentencing
Your penalty depends on whether it’s your first offense or not.

First Offense:
For a first-time DWI conviction, you will lose your driver’s license for 3-12 months upon receiving fines -as high as $500- enrollment fees in Alcohol Education and Rehabilitation Fund paying annual surcharges.

BAC Level:
Possible Jail Time:
Driver’s License Suspension:

0.08-0.09
Up to 30 Days
3 Months

0.10-0.14
Up to 30 Days
7-12 Months

More than 0.15
Up to 30 Days
4-6 Months

Second Offense:
If you’re convicted of DWI twice within a ten-year period, your license will be suspended for two years, and you’ll receive high fines -up to $1,000-, annual surcharges, alcohol education enrollment fees, community service and spend some time in jail before you regain your driving privileges.

BAC Level:
Possible Jail Time:
Driver’s License Suspension:
Community Support Hours:

.08-.09%
Two To Ninety days
Two years
Thirty days

.10-.14%
Two To Ninety days
Two years
Thirty days

More Than .15 %
Four To Ninety day
Two years
Thirty days

Third or Subsequent Offenses:
The penalties for third or subsequent convictions are even more severe; the court usually revokes your driving privileges for ten years or permanently in egregious cases, expects you to pay higher penalties – up to $1000-, attend counseling program enrollment fees, special charges along with the cost of legal representation and an ignition interlock device.

If an excessive amount of time passes before conviction then fines may double!

You can appeal a DWI suspension penalty in court within ten-days or having us challenge it through the political process by calling (609)292-6500; our attorneys have over one hundred-combined-years handling such cases. Our aim as lawyers is not just ensuring favorable outcomes but also offering guidance throughout any challenging task from start until finish.

Contact Todd Spodek Lawyers Today
Getting pulled over and charged with DWI can be stressful and may lead to daunting questions. Our attorneys stand ready to help provide the answers you need. The team at Todd Spodek Lawyers has extensive experience dealing with DWI cases, and we are dedicated to helping our clients achieve favorable outcomes. Contact us today for a free consultation regarding your situation. We can provide the guidance necessary for navigating NJ’s legal system, minimizing the penalties and preserving your dignity .