What is the Penalty for a First-Time DWI in NJ?

Drunk driving is technically not a crime but rather a very serious driving offense. Even so, it can still come with jail time, license suspensions, and other serious penalties. While these penalties are worse for repeat offenders, they are still pretty challenging penalties for a first-time offender.

In NJ, a first-time DWI offense is graded depending on your BAC (blood-alcohol concentration), with the cutoff between the two levels of penalties being .10%. Overall, the max possible fine is $500, with jail time up to 30 days. Additionally, you can lose your license for 3 months to 1 year, and you face other financial penalties, including additional payments to make, driver education classes to take, installation of an interlock device, and an insurance surcharge of $3,000 paid over 3 years.

For help fighting your charges – potentially avoiding all of these penalties – call our Atlantic City, NJ DWI defense lawyers today at Lombardo Law Group by dialing (609) 418-4537.

First-Time DWI Charges in New Jersey

New Jersey’s drunk driving statute, N.J.S.A. § 39:4-50, makes it illegal to drive while “under the influence,” but it also puts specific blood alcohol cutoffs at .08% and .10%. This creates two tiers of DWI offense, with the lower tier covering “general intoxication” and BACs of .08% or more and the higher tier covering BACs of .10% or higher.

DWI is usually charged after a traffic stop where a police officer notices that you were swerving or otherwise committing traffic violations and pulls you over. There may also be charges after stops at DWI checkpoints. Either way, the police officer needs further evidence of DWI before arresting you, such as the odor of alcohol on your breath, evidence of confusion, failed field sobriety tests, or an admission that you were drinking and driving.

Once you are arrested, they have to try you and convict you before you can face penalties. There may be opportunities for our NJ DWI defense lawyers to fight your charges and potentially seek alternatives to sentencing in some cases. If your case does go to sentencing, you could face serious penalties.

Fines for a First-Time DWI in NJ

The fines for a first-time DWI are listed directly in the statute. For first-time drunk drivers with a low-tier DWI, the fine is $250-400, and for a high-tier DWI, it is $300-500. These are mandatory fines; the statute gives the judge no wiggle room to charge you a lower fine.

In addition to these fines, though, there are plenty of other costs that might be assessed for your case. First, there are court fees that need to be paid along with any legal fees you pay to your defense lawyer.

In addition, there are various payments needed, such as $50 to the crime victim’s fund, $100 to the Drunk Driving Enforcement Fund, and $100 to the Safe Neighborhood Services Fund. You also have to pay for any other services or interlock devices, which are discussed below. There is also a license restoration fee of $100 after a license suspension. This totals at least $350, plus other service costs.

In addition to these amounts, you also typically face a surcharge from the Motor Vehicle Commission (MVC – the equivalent of the DMV in New Jersey). This charges you $1,000 per year for the next 3 years, totaling $3,000.

All things considered, except for the cost of an interlock or other services, you are looking at a minimum of around $3,600 and a max of $3,850 for a first-time DWI in NJ.

License Suspensions for First-Time DWIs in NJ

Every DWI comes with a license suspension of 3 months for a low-tier DWI and 7 months to 1 year for a high-tier DWI.

When your license is suspended, it comes with a $100 restoration fee to the MVC, as discussed above. Note that if you have other driving offenses at the same time, it is possible to get your license “revoked” instead of merely suspended. This leads to more problems down the road and requires you to get a new license rather than just wait for the suspension period to end.

If you refused a breathalyzer test during your DWI stop, you could also have your license suspended for that under different rules.

Does NJ Require an Ignition Interlock for First-Time DWIs?

New Jersey now requires the installation of an interlock device for DWIs under N.J.S.A. § 39:4-50.17. The period for using an interlock is the same time period as the license suspension: 3 months for a low-tier DWI and 7 months to 1 year for a high-tier DWI. However, NJ law also adds a third tier for BACs of .15% or higher, requiring the interlock for the suspension period plus 12-15 months.

When you have an ignition interlock on your car, it means that you cannot start your car without blowing a clean breath test first. It also becomes illegal for you to drive a different car or any car without the interlock. It is also illegal to bypass the interlock or have someone else blow into your breathalyzer for you (e.g., a sober friend or a child). There should also be a mark on your driver’s license indicating that you have an ignition interlock. That way, if a police officer catches you driving without the interlock, they know you are in violation.

Interlocks are usually installed and upkept at the vehicle owner’s expense, adding more expense to a DWI conviction.

Does NJ Use Jail Time for First-Time DWIs?

It is rare for a judge to issue jail time for a first-time drunk driver, but they do have the power to issue up to 30 days in jail. You may also spend 2 days in jail for failing the requirements discussed below.

IDRC Requirements for First-Time DWIs in NJ

The IDRC is the Intoxicated Driving Resource Center – part of NJ’s Intoxicated Driving Program. Having a drunk driving violation means having to undergo screening and evaluations at your local IDRC to see if you need substance abuse or alcohol treatment or other drunk driving training. IDRC sessions are required for 12-48 hours.

You can usually complete your IDRC requirements in two consecutive days of 6-hour sessions, though if more treatment or evaluation is needed, you have to comply with that. If you do not comply, you can face 2 days in jail and a continued license suspension until you do complete the required hours.

All of these screenings might have a cost that you also have to pay.