Law enforcement in Toms River and other areas of Ocean County are among those with the highest number of DWI arrests in New Jersey. Nearly 30% of traffic-related fatalities involve a driver that was under the influence of alcohol or drugs. Lawmakers continue to create provisions that result in DWI offenders facing significant penalties and consequences.
Driving While Intoxicated (DWI)
Drivers are prohibited from operating a motor vehicle in New Jersey while under the influence of alcohol or drugs that are narcotic, hallucinogenic or habit-forming. The legal limit for the consumption of alcohol is a blood alcohol concentration (BAC) of .08%. This is the standard established at the federal level.
Underage DWI
Motorists that are under 21 years old are subject to a legal BAC limit of .01%. These offenders can expect to have their driver's license suspended for at least 30 days and be ordered to complete 15 or more days of community service. They also must complete an alcohol safety program and pay any applicable fees.
Chemical Testing for Alcohol or Drugs
When a police officer has "reasonable grounds" to suspect that a driver is impaired, they can request that the driver submits to a chemical test. These include testing that involves breath, blood or urine.
In court, a “preponderance of the evidence” standard is used to determine whether the probable grounds existed for the police officer to request chemical testing. If such grounds existed and the vehicle operator knowledgeably refused to submit to testing they are subject to a license suspension, fines, and other 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 |
Ignition Interlock Devices (IID)
In December 2019, lawmakers in New Jersey implemented an alternative to driver's license suspensions that involves the mandatory installation of an ignition interlock device (IID) to the offender's vehicle. An IID requires the driver to submit a breath sample that is screened for alcohol before the vehicle will start.
Multiple DWI Offenses
A 10-year “look back” period applies when determining if an offender has a prior DWI offense(s). The penalties for those with offenses are significantly more severe. This is also applicable when the motorist has a prior refusal(s) to submit to chemical testing. A prior conviction for a “violation of a substantially similar nature in another jurisdiction” is always deemed to be a prior offense.
Established Ocean County Criminal Defense Lawyer
Have you been arrested and charged with operating a vehicle while under the influence of alcohol or drugs? Having experienced legal representation in these matters is critical to ensure that you are treated fairly. For a case consultation, contact the office today at (888) 535-3686.
[1] 180 days may be split between jail and IRDC
[2] 180 days may be split between jail and IRDC
