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New Jersey Drunk Driving (DWI) Defense Series: The DWI Penalties (6 of 7)

Against these troubling practical and legal considerations, you should know about the sentencing scheme associated with DWI and Refusal Offenses. Some of the more serious penalties you can expect as to each offense are recited below:

A. DWI Offenses

1. First Offense

If your BAC is .08% or higher but less than 0.10%

- Up to 30 days in jail

- 12-48 hours detainment in an Intoxicated Driver Resource Center (IDRC)

- 3-month driver's license loss

- A fine of $250 -$400

- Other monetary sanctions that can exceed $300

If your BAC is .10% or higher

- Up to 30 days in jail.

- 12-48 hours detainment in an IDRC

- 7 months to 1 year driver's license loss

- A fine of $300-$500 - Other monetary sanctions that can exceed $300

2. Second Offense

- Mandatory imprisonment of not less than 48 consecutive hours nor more than 90 days

- 2-year driver's license loss

- Completion of screening, evaluation and referral requirements of IDRC.

- Mandatory installation of interlocking device in your motor vehicle for 1-3 years beginning after your license suspension or a revocation of your registration and plates for 2 years.

- 30 days of community service

- $500 to $1000

- Other monetary sanctions that can exceed $300

3. Third Offense

- Mandatory imprisonment of 180 days. The court may lower such term for each day served in an IDRC-approved inpatient rehabilitation program, but not exceeding 90 days.

- 10-year driver's license loss

- Completion of screening, evaluation and referral requirements of IDRC.

- Mandatory installation of interlocking device in your motor vehicle for 1-3 years beginning after your driver's license suspension or a revocation of your vehicle registration and plates for 10 years.

- A fine of $1,000

- Other monetary sanctions that can exceed $300

B. School Zone Offense

1. First Offense

- Up to 60 days in jail

- 1-2 year driver's license loss

- 12-48 hours detainment in an IDRC

- A fine of 500-800

- Other mandatory sanctions that can exceed $300

2. Second Offense

- Mandatory imprisonment of not less than 96 hours nor more than 180 days. The court may lower such term for each day served in an IDRC approved inpatient rehabilitation program, but not exceeding 90 days.

- 4 years driver's license loss to begin after term of imprisonment is served

- 60 days of community service

- A mandatory completion of a DWI alcohol Countermeasures Screening and Evaluation Program

- Mandatory installation of a locking device on your motor vehicle for 1-3 years or revocation of your vehicle registration and plates for 2 years.

- A fine of $2,000

3. Third Offense

- Mandatory imprisonment of 180 days. The court may lower such term for each day served in an IDRC inpatient rehabilitation program, but not to exceed 90 days.

- 20-year driver's license loss to begin after term of imprisonment is served

- A mandatory completion of a DWI Alcohol Countermeasures Screening and Evaluation Program

- Mandatory installation of a locking device on your motor vehicle for 1-3 years or revocation of your vehicle registration and plates for 2 years.

- A fine of $2,000

C. Refusal to Submit to a Breath Test

1. First Offense

- 7-12 month driver's license loss

- A fine of $300 - $500

- Referral to IDRC

2. Second Offense

- 2-year driver's license loss

- A fine of $500 -$1000

- Referral to IDRC

3. Third Offense

- 10-year driver's license loss

- $1,000 fine

- Referral to IDRC

D. Under-Age DWI Offense

- License suspension or prohibition from obtaining a license for 30-90 days

- Perform community service for 15-30 days

- Participation in an IDRC

- These penalties shall be in addition to the penalties which the court may impose under the DWI statute or any other law.

E. Other Alcohol Related Offenses Penalties

1. Driving While Suspended Where Your Suspension Was Due to DWI

- 10 to 90 days imprisonment

- 1 to 2-year additional driver's license suspension

- A fine of $500

2. Consumption of Alcoholic Beverages While an Operator or Passenger in a Motor Vehicle

- First Offense - $200 Fine

- Second Offense - $250 or 10 days community service

3. Possession of Open, Unsealed Alcoholic Beverage Container in a Motor Vehicle

- First Offense - $200 fine

- Second Offense - $250 fine or 10 days of community service

Copyright (c) 2008 Frank Luciano

Article Source: http://articlesltd.com

Frank T. Luciano, P.C. 147 Main Street, Suite 5 Lodi, NJ 07644 (973) 471-0004 ftluciano@aol.com www.ftlucianolaw.com

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