subject: Knowing All About The Dwi Charges And Penalties [print this page] When you face arrest for a drunk driving charge in New Jersey, the first, and most important, thing to do is get in touch with an attorney. The penalties, if convicted, are serious enough. Check out the penalties for DWI (driving while intoxicated) in the state and you are sure to understand the importance of the matter.
DWI in New Jersey refers to two distinct situations
1. You were operating a vehicle while under the intoxicating effects of alcohol/drugs
2. You were operating a vehicle with a blood alcohol concentration of more than 0.08%
Here is a brief overview of the penalties you may face.
For the first offense: imprisonment for maximum 30 days, 12-48 hours Intoxicated Driver Resource Center (IDRC), $250-400 fine, license loss for 3 months, and other fines, fees and surcharge.
Note: the penalties for the offense become more serious in nature if the blood alcohol concentration is more than 0.10%
For the second offense: imprisonment for maximum 90 days, 12-48 hours Intoxicated Driver Resource Center (IDRC), community service for 30 days, $500-1,000 fine, license loss for 2 years, and other fines, fees and surcharge.
For the third offense: imprisonment for maximum 180 days, 12-48 hours Intoxicated Driver Resource Center (IDRC), community service for 90 days, $1,000 fine, license loss for 10years, and other fines, fees and surcharge.
Additional penalties may include contribution to the Alcohol Education and Rehabilitation Fund, drunk driving fund, neighborhood surcharges fund, installation of the ignition interlock device, and so on.
Interestingly, in New Jersey the suspension or revocation of driving privileges is part of the court sentence, unlike most states that opt for an administrative hearing to decide on this issue. If you do not want to go through the ordeal of these penalties, you need to consult a New Jersey DWI attorney now.
The state provides the individual, accused of DWI, court trial only. No Jury Trial provision is available. You need to make sure that your attorney formulates a defense strategy before the court trial. Only proper legal representation gives you a chance to justify your actions and establish your innocence. Consult with a qualified and experienced DWI attorney in advance to avoid later legal hassles.
After the court trial, you get another chance of getting out of the mess. This is when you request a special appeal, known as de novo. The records of the case are under review of another judge and the prosecution and defense may argue about the matter. However, it is best to talk to an attorney to resolve the case before it reaches this stage.
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