1st, 2nd, and 3rd Offenses

A perfect driving record and lack of prior criminal history do not ensure that you will get off with a minor fine when you are facing a first-time DWI conviction in New Jersey.  Even for a first offense, you can be facing significant penalties, including license suspension and jail time.

 

If convicted, person facing a second offense for DWI within 10 years will face greater penalties than for a first offense, and a person facing a third conviction for DWI is subject to even heftier penalties and fines.

Penalties for a First Offense

For a first-time DWI offender, the state of New Jersey utilizes a multi-tiered penalty system.

Tier

Description

Jail Sentence

License Suspension

IDRC

Fines

Surcharges

1st TierB.A.C. = .08% to .099%Up to 30 days3 months12-48 hours$250 – $400$3,500 +
2nd Tier B.A.C. = .10% or  higherUp to 30 days7-12 months12-48 hours$300 – $500$3,500 +

In addition to the above, a driver convicted of DWI with a B.A.C. over .15% or a DWI test refusal will be required to have an ignition interlock device installed in the vehicle for the duration of the license suspension and for an additional 6-12 months following suspension.  The judge also has the discretion to order the installation of an interlock device for those convicted of a DWI with a B.A.C. under .15%.

Penalties for a Second Offense

A second DWI conviction in the state of New Jersey subjects the offender to the penalties below

Jail Sentence

License Suspension

Community Service

IDRC

Fines

Surcharges

Second offense within 10 years2-90 days2 years30 days12-48 hours$500 – $1000$3,500 +

In addition to the above, a driver convicted of a second DWI offense will be required to install an ignition interlock device for the duration of the license suspension plus an additional 1-3 years following restoration.

Penalties for a Third Offense

A third DWI conviction in the state of New Jersey subjects the offender to the following penalties

Jail Sentence

License Suspension

IDRC

Fines

Surcharges

Third offense within 10 years180 days10 years30 days12-48 hours$5,000 +

In addition to the above, a driver convicted of a third DWI offense will be required to install an ignition interlock for the duration of the license suspension plus an additional 1-3 years following restoration.

 

Clearly, the penalties associated with even a first-time DWI offense are substantial and long-lasting.  You should not consider defending this type of case by yourself.  Hire an experienced DWI attorney to handle this serious matter for you.  We have the experience and knowledge to assess and defend your DWI case and to limit or avoid these penalties.  Call The Mark Law Firm now.

 

This information has been compiled as a result of the numerous trials and DWI matters Kevin B. Legreide, Esq. has conducted and been involved in over the years.  Mr. Legreide also has expertise in all aspects of criminal and municipal matters.