Did you know that roughly 30% of U.S. traffic fatalities involve a drunk driver? Law enforcement across New Jersey has been heightening DWI enforcement efforts through saturation patrols, sobriety checkpoints, and more. In 2017, the local agencies here in Gloucester County have also been aggressively enforcing these laws, as there were 280 arrests for DWI just in Deptford Township.
Driving While Intoxicated (DWI)
Motorists are prohibited from operating a motor vehicle in New Jersey while intoxicated by alcohol or drugs that are narcotic, hallucinogenic or habit-forming. The legal threshold for the consumption of alcohol is a blood alcohol concentration (BAC) of .08%. The BAC limit for drivers under the age of 21 is .01% and for those operating with a commercial driver's license, it is .04%.
Penalty Overview
|
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 |
Detecting Drug-Impaired Drivers
In 2018, AAA Northeast reported that fatal crashes that involved a “drugged” driver have risen significantly across New Jersey. Agencies of law enforcement are now training and certifying officers as “drug recognition experts” (DRE).
Driver Requirement to Submit to Chemical Testing
Drivers are required to submit to chemical testing for the detection of alcohol or drugs when a police officer has reason to believe they are intoxicated. Those who refuse to submit to testing are likely to have their driver's license suspended and face other penalties.
Ignition Interlock Devices (IID)
New Jersey lawmakers suggest that suspending the driver's license of DWI offenders has negative outcomes. They recently passed legislation requiring the mandatory installation of an ignition interlock device (IID) to offender vehicles. IIDs require the driver to submit a breath sample to detect the presence of alcohol before the vehicle's ignition will activate.
Repeat Offenders
A driver may be charged with a second-offense DWI when they have a prior conviction within the past 10 years. These offenders will face significantly enhanced penalties with subsequent DWI convictions.
How to Choose an Attorney for a New Jersey DWI Case
It is important to diligently choose legal representation for these matters. The laws in New Jersey regarding DWI have been evolving recently and you should be certain that your lawyer is familiar with this area of legal practice.
Established Gloucester County Defense Lawyer
Have you or a loved one been arrested on suspicion of DWI? Allegations of operating a motor vehicle while intoxicated can have adverse consequences such as loss of driving privileges, jail time, significant fines, and various potentially long-term challenges. Make the call to the Lento Law Firm today for a consultation at (888) 535-3686.
[1] 180 days may be split between jail and IRDC
[2] 180 days may be split between jail and IRDC
