What are the penalties for driving under the influence in New Jersey?

What are the penalties for driving under the influence in New Jersey?

Driving under the influence (DUI) is a serious offense in New Jersey that can lead to heavy fines, license suspension, and even jail time. The specific penalties depend on factors like your blood alcohol content (BAC) and whether it’s a first, second, or third offense within a 10-year period. Let’s break it down:

Penalties for a First DUI Offense

For a first DUI offense in New Jersey, penalties can include:

• Fines from $250-$400
• Up to 30 days in jail
• License suspension for 3 months (or until an ignition interlock device is installed)
• Mandatory ignition interlock device installation for 3 months
• Participation in an alcohol education or treatment program
• Various surcharges and fees

The specific fine amount and jail time depends on your BAC reading:

• BAC of 0.08%-0.10%: Fine of $250-$400 and up to 30 days in jail
• BAC of 0.10%-0.15%: Fine of $300-$500 and up to 30 days in jail
• BAC over 0.15%: Fine of $300-$500 and up to 30 days in jail

For drivers under 21, any detectable amount of alcohol (.01% BAC or higher) leads to a 30-90 day license suspension, $100 surcharge, and potential additional penalties.

Penalties for a Second DUI Offense

If you get a second DUI within 10 years of the first offense, penalties increase to:

• Fines from $500-$1,000
• Jail time for 48 hours-90 days
• License suspension for 2 years
• Ignition interlock device for 2-4 years after restoration of license
• Alcohol treatment program for 30-90 days
• Various surcharges and fees

Penalties for a Third DUI Offense

For a third DUI offense within 10 years, penalties can include:

• Fines of $1,000
• Jail time for 180 days
• License suspension for 10 years
• Ignition interlock device for 1-3 years after license restoration
• Alcohol treatment program for up to 90 days
• Various surcharges and fees

Other Factors Affecting DUI Penalties

Beyond the number of offenses and BAC level, other factors can increase DUI penalties like:

• Having a minor in the vehicle
• Causing injury or death
• Speeding 20+ mph over the limit
• Refusing a breath test

These can all lead to additional fines, jail time, license suspension, or other enhanced penalties. The costs of a DUI conviction also go beyond just fines – you’ll also have to pay towing/impound fees, increased insurance rates, and legal fees if you hire a DUI lawyer.

Defenses Against a DUI Charge

There are several legal defenses that a knowledgeable DUI attorney may use to contest the charges, like:

• Questioning the validity of blood, breath, or field sobriety tests
• Challenging the legality of the traffic stop or arrest
• Proving someone else was driving the vehicle
• Showing you were not actually impaired despite BAC level
• Arguing rising BAC levels after driving

An experienced DUI lawyer can review the details of your case and build the strongest defense to avoid conviction or minimize penalties. Don’t hesitate to consult a lawyer if you’ve been charged with DUI in New Jersey.

Conclusion

New Jersey has strict penalties for driving under the influence, especially for repeat offenses. The consequences can include heavy fines, jail time, license suspension, ignition interlock devices, and participation in alcohol education programs. Work with an experienced DUI attorney if you’re facing charges – they can help protect your rights and build a strong defense against conviction whenever possible under the law. Be smart – get a ride or take public transportation if you’ve had anything to drink before getting behind the wheel.