Penalties for driving while intoxicated in New Jersey can be extremely severe. Since the state has adopted a no plea-bargaining policy when it comes to DWI cases and has instituted mandatory penalties, it is vital that you have a lawyer to defend your case. The extent to which the consequences of the mandatory penalties come into play is determined by whether you have charged with a first offense DWI, second offense DWI, or third (or subsequent) DWI offense. As expected, the penalties imposed increase substantially in second, third, or subsequent DWI convictions.
At Marshall, Bonus, Proetta & Oliver our team of lawyer prides itself on the positive results we obtain for our clients. With superior qualifications in the field of DWI defense work, our attorneys will work tirelessly to get your case downgraded or even dismissed. We will then work to minimize the penalties you face. Having a qualified DWI lawyer can make all the difference when appearing in court for a DWI charge. To ensure that your rights are protected, call our offices today for a no-cost consultation.
The following categories of penalties are those imposed by the Tinton Falls Municipal Court in DWI cases:
- Jail Time. For a first offense DWI the municipal judge can impose a jail term of up to thirty (30) days. Since jail is not mandatory for a first offense, the judge must exercise his discretion when sentencing. For a second offense, a mandatory jail term of two (2) to ninety (90) days is imposed. The jail time required for a third or subsequent DWI offense is one hundred eighty (180) days.
- License Suspension. A license suspension is mandatory for any DWI conviction, even a first offense. For a first time offender, loss of driving privileges is dependent upon the recorded blood alcohol content (BAC) at the time of the violation. If a driver’s BAC was at least .08% but less than .10% a license suspension of three (3) months will be imposed. If the BAC was above a .10% the license suspension ranges from seven (7) months to one year. A second offense carries a mandatory suspension of two (2) years, while a third or subsequent offenses requires a ten (10) years suspension.
- Ignition Interlock. Installation of an ignition interlock device becomes a required penalty in a first offense case where the driver’s BAC was a .15% or higher. In this situation, the device must be installed for a period of six (6) months to one year upon restoration of driving privileges. Second, third or subsequent offenders must install the device for a period between one and three years, as ordered by the municipal judge.
- Fines. A first offense DWI carries a fine between $250 and $500. A second offense carries a fine of between $500 and $1,000. Upon conviction of a third or subsequent offense, a $1,000 fine is imposed.
- Surcharges. The Division of Motor Vehicles imposes a mandatory surcharge of $1,000 per year for three years for a first or second offense. The surcharge increases to $1,500 per year for three years for a third or subsequent offense.
It is clear that the penalties are severe. However, with the counsel of an experienced Tinton Falls DWI attorney, some of the ramifications of these penalties can be overcome. If you or a loved one has been charged with DWI in Tinton Falls NJ, do not hesitate to contact our offices today. With over 100 years of collective experience in DWI defense, our attorneys are ready to defend your rights. As initial consultations are always provided at no-cost, call us with any questions you have about your case or the penalties you may face.