Drivers who have been drinking alcohol are nearly 1.4 times more likely to be involved in a fatal automobile accident. In 2017, roughly one person was killed in a crash that involved alcohol every 49 minutes. In New Jersey, there were 125 alcohol-related fatalities that year, which accounted for approximately 20% of all vehicular deaths.
Driving While Intoxicated (DWI)
A DWI involves the operation of a motor vehicle while under the influence of alcohol or drugs. Drivers may not exceed a blood alcohol concentration (BAC) of .08% or be intoxicated by narcotics, hallucinogens or other habit-forming drugs. The BAC limit for those under the age of 21 is .01% and for those operating a commercial vehicle is .04%. The following chart summarizes the current penalties.
|
1st Offense < .10% BAC |
1st Offense .10-.14% BAC |
1st Offense >.15% BAC |
2nd Offense |
3rd Offense |
|
|
Suspension |
n/a |
n/a |
Up to 6 months |
Up to 2 years |
Up to 8 years |
|
Ignition Interlock |
3 months |
Up to 12 months |
Up to 21 months |
Up to 6 years |
Up to 12 years |
|
Fine |
Up to $400 |
Up to $500 |
Up to $500 |
Up to $1,000 |
$1,000 |
|
Jail |
Up to 30 days |
Up to 30 days |
Up to 30 days |
48 hours + |
90 to 180 days[1] |
|
IRDC Program |
Up to 48 hours |
Up to 48 hours |
Up to 48 hours |
48 hours + |
90 to 180 days[2] |
|
Community Service |
n/a |
n/a |
n/a |
30 days |
n/a |
Operator Consent
Drivers are required to consent to chemical testing if a member of law enforcement has reasonable grounds to suspect they are intoxicated. Testing may involve taking a sample of the motorist's breath, blood or urine. Drivers that refuse to submit to testing are subject to penalties including revocation of driving privileges.
Ignition Interlock Devices (IIDs)
New Jersey legislators have found that requiring DWI offenders to install and maintain an IID is more effective in the prevention of drunk driving compared to a suspension of driving privileges. An IID requires the driver to submit a breath sample to detect alcohol before a vehicle will start.
The offender must pay for the costs of installing and leasing these devices. Organizations at the forefront of DWI prevention and victim advocacy including the Insurance Institute for Highway Safety (IIHS) and Mothers against Drunk Driving (MADD) now support mandatory IID requirements.
Intoxicated Driver Resource Center (IDRC)
New Jersey maintains an Intoxicated Driving Program for convicted DWI and similar offenders. Across the state, there are regional IDRCs that conduct assessments, recommend treatment and more. The Camden County IDRC is based at the Camden County College.
Repeat Offenders
There is a 10-year “look back” period for prior DWI offenses. The penalties for repeat offenders escalate quickly. This also applies to refusals to submit to chemical testing. A prior conviction for a “violation of a substantially similar nature in another jurisdiction” is considered a prior offense.
Experienced New Jersey DWI Defense Lawyer
The penalties for a DWI conviction are harsh and there are a host of collateral consequences. Joseph D. Lento has been aggressively representing clients in these matters for many years. Contact the office today at (888) 535-3686 for a consultation.
[1] 180 days may be split between jail and IRDC
[2] 180 days may be split between jail and IRDC
