DUI charges are known for being difficult to deal with and have long-term consequences. One possible penalty is jail time, and it may be applied in many different DUI cases, even those for first-time offenders. People facing their first ever DUI are often overwhelmed, scared, and confused. An attorney can help you plan your defense while advising you on the possibility of jail time.
Someone facing their first DUI may be sentenced to up to 30 days in jail. While this penalty is certainly harsh, it is not mandatory. Whether this penalty is imposed is within the court’s discretion, and the judge may have the final say. Whether you are sentenced to jail may depend on your case’s aggravating and mitigating circumstances. Factors such as a high level of intoxication, accidents with injuries, or the presence of controlled substances might make a judge more inclined to send a defendant to jail. If you are remorseful and your alleged DWI incident was brief and injury-free, you might avoid jail.
Get an initial, private case review for free when you call (609) 418-4537 and talk to our Atlantic City, NJ DUI and DWI attorneys with the Lombardo Law Group.
The Possibility of Jail Time for Your First DUI in NJ
Charges and penalties for DWI cases tend to vary based on whether the defendant has ever been convicted of a DWI before. A person charged with their first DWI may face lighter penalties compared to those facing their second or third. However, jail time is still a possible sentencing factor, even for a first-time offender.
According to N.J.S.A. § 39:4-50(a)(1), a first DWI offense may be punished with various sentencing options, including up to 30 days in jail. It is important to note that courts have the discretion to impose a jail sentence of up to 30 days, but they do not have to. This sentence is discretionary, meaning the court is not required to impose it but can if it deems it appropriate. Jail time is less common in cases of first-time offenders, but it is still possible.
Whether or not a first-time offender may be sent to jail or avoid incarceration depends on the aggravating and mitigating factors surrounding their case. Aggravating factors may be details that make the case worse for you. For example, driving drunk while having a child in the car with you may be considered a significant aggravating factor. Mitigating factors are details that make you look good and may be used to reduce your potential penalty. Simply showing remorse for your actions may be considered a mitigating factor and cause a judge to impose a more lenient sentence.
Factors That May Affect Jail Time for a First DUI Charge in NJ
Since jail time is a discretionary penalty imposed by the court, it is imperative that our NJ DUI and DWI attorneys work to make you look as good as possible to the judge. Our NJ DUI and DWI attorneys must highlight the mitigating factors of your case while downplaying factors that make you look bad.
Aggravating Factors
It is crucial that you are upfront, honest, and candid with your attorney about possible aggravating factors of your case. Your attorney needs to know this information so they can craft a defense around them.
One possible aggravating factor is a high BAC. Suppose you submitted to chemical testing, and the results indicated a very high degree of intoxication. In that case, the judge might be less willing to show any leniency when it comes to possible jail time. The legal limit in New Jersey is a BAC of .08%. A particularly high BAC might be .10% or even .15% or higher. The judge may believe that getting behind the wheel while so heavily intoxicated shows that the defendant is a reckless, dangerous driver.
The presence of controlled substances should also be discussed with your lawyer. DWI cases include drivers who were intoxicated with alcohol in addition to those intoxicated with controlled substances. DWIs for controlled substances tend to be treated more harshly, especially when the substances are illegal, highly dangerous, or addictive.
If your DWI incident resulted in an accident with injuries, your case may be very severe indeed. DWI accidents are often viewed as easily preventable and the result of very poor decision-making by intoxicated drivers. Courts are likely going to crack down hard on these kinds of cases.
If you had passengers in the vehicle with you, especially young passengers, not only would this be an aggravating factor, but it might lead to more legal trouble. Additional penalties may be assessed under N.J.S.A. § 39:4-50.15(b) if a parent is found to be driving under the influence of drugs or alcohol with a minor passenger.
Mitigating Factors
Mitigating factors that make you look good to the judge should be identified and highlighted. For example, maybe you were pulled over with a relatively low BAC. Perhaps your BAC was only .08%, the lowest a person must have to be charged with a DWI per se. A BAC this low might be explained by one too many drinks with dinner. You might not even have been all that intoxicated. While buzzed driving is still punishable by law, it might seem less serious in the mind of a judge.
Simply showing remorse for your actions and cooperating with law enforcement can go a long way in the courtroom. Judges often want to see if a defendant is sorry for what they did or if they do not care. Those who show remorse are often considered less likely to re-offend, and a judge might find a jail term to be unnecessary.
We should also consider your driving history. If this is your first DWI, you should have no others on your record. However, do you have other traffic violations on your record? If not, a totally clean record might indicate that you are a safe driver and that your current DWI is a one-time mistake.
Contact Our NJ DUI and DWI Defense Lawyers for Assistance Today
Get an initial, private case review for free when you call (609) 418-4537 and talk to our Bargaintown, NJ DUI and DWI attorneys with the Lombardo Law Group.
