After a DWI, most people want to move on with their lives and leave it in the past. People who are rebuilding their lives may wonder how long a DWI will stay on their record. Unfortunately, DWIs remain on driving records forever in New Jersey; there is no opportunity for expungement.
If you are convicted of a DWI, it may remain on your record forever, barring very special circumstances. DWIs are usually ineligible for expungements, as expungements are only available for criminal offenses. DWIs are classified under the motor vehicle code rather than the criminal code, so they are not legally considered crimes that can be expunged. Even so, very old DWIs might not be used against you for new violations. New Jersey’s ten-year step-down rule limits prosecutors to considering DWIs from only within the past 10 years.
Call our Atlantic City DWI defense lawyers with the Lombardo Law Group, LLC at (856) 281-9600 and ask for a free case review to get started.
Do DWIs Remain on Your Driving Record in New Jersey?
Once you are charged with a DWI, it will remain on your record for the rest of your life. There is nothing you or a lawyer can do to remove it from your driving record, and expungement is not an option. Since a DWI does not result in points on driver’s licenses, there is no need to get points off your license.
For many people, this consequence has a big impact on their ability to return to a normal life after facing DWI charges.
However, New Jersey has a 10-year step-down rule. If you go 10 years or more without getting a DWI, your second charge will be treated like a first charge. In other words, a second DWI offense will be stepped down to a first-time DWI (with all of its corresponding penalties) if more than ten years elapse after your first offense.
This also applies to a third offense if a decade has passed since your second one. Following a DWI charge, it’s recommended that you get in touch with a DWI attorney as soon as possible.
No Expungement Options for DWIs in New Jersey
An expungement may help some people previously convicted of certain crimes have their convictions removed from their records. The good thing about an expungement is that prior convictions are treated as if they never happened. The bad thing is that not all offenses are eligible for expungement.
Expungements in New Jersey are limited to criminal cases. While people often think of DWIs as criminal violations, they are legally classified under the motor vehicle code, not the criminal code. As such, DWIs are typically ineligible for expungement in New Jersey.
Typically, a DWI may remain on your record forever, but there are ways other than an expungement that might help you remove it. One way is to seek a pardon from the governor, but it is somewhat of a long shot. Pardons are not given to just anyone, and you may have to present a very compelling reason as to why a pardon is appropriate. Most people who seek pardons are denied.
Another possibility is to file an appeal under the New Jersey Post-Conviction Relief Act (PCRA). If there were legal errors during your DWI hearing that unfairly influenced the outcome, an appeal under the PCRA may give a second chance with a new trial. Success at the new trial might eliminate the conviction from your record.
Ten-Year Step-Down Rule for DWIs
While DWIs may remain on your record forever, they can only affect you for so long. When prosecuting new DWI cases, prosecutors may consider previous violations when assessing charges. However, convictions that are too old may not be considered.
New Jersey has a ten-year step-down rule, meaning any violations from more than 10 years ago are not considered when assessing charges for a new violation. This is crucial in cases where someone is facing a new DWI, and they have a very old DWI on their record that the prosecutor wants to use against them.
If you are facing your second DWI and your first one was from 11 years ago, it may not be considered during your current case. This means your second DWI, if you are convicted, may be punished as if it were a first DWI.
If you have a history of DWIs, tell your attorney immediately. If prosecutors try to include DWI convictions that are too old in your current case, your attorney can stand up for you. Having an official driving record may be helpful in this situation.
Penalties for a DWI in New Jersey
A DWI carries increasingly severe penalties with each offense. Drivers in New Jersey can expect to face DWI charges if their blood alcohol concentration (BAC) is 0.08% or higher.
Drivers under the age of 21 can face DWI charges if their BAC is greater than 0.01%. Penalties will likely include mandatory community service. Additionally, if they are under the age of 17 at the time of their arrest, their license will be suspended once they turn 17.
Commercial drivers will be charged with a DWI if their BAC exceeds 0.04%.
First Offense
First-time DWI offenses in New Jersey are divided into three tiers depending on the driver’s BAC: Tier I is for people who have a BAC that is between 0.08% and 0.09%, Tier II is for people who have a BAC that is between 0.1% and 0.14%, and Tier III is for people that have a BAC of 0.15% or above.
First offenses that fall into Tier I may result in license suspension, mandatory use of an ignition interlock device, up to 30 days of jail time, or participation in a prevention program, as well as a litany of fines and fees. Tier II and Tier III offenses carry penalties that include a longer period of time with an ignition interlock device, larger fines, and more fees.
Fines and fees that come with Tier II and Tier III first-time DWI offenses include a DWI surcharge, court fees, $50 to the Victims of Crime Compensation Office, a $230 Intoxicated Driver Resource Center (IDRC) fee, $100 to a drunk driving fund, $100 to the Alcohol Education and Rehabilitation Fund (AERF), $1,000 per year to the Motor Vehicle Commission for three years, $75 to the Neighborhood Services Fund, and a punitive fine of between $300 and $500.
Second Offense
A second DWI charge that occurs within 10 years of a first offense carries penalties that include license suspension, community service participation, use of an ignition interlock device, participation in a program provided by the IDRC, and a prison term of up to 90 days.
The fines and fees that come with a second DWI charge are similar to those from a first DWI charge, although the punitive fine is larger.
Third Offense
A DWI that happens for the third time in a person’s life (within 10 years of their second charge) carries penalties that include a license suspension of up to eight years, up to six months in prison, participation in a community service program, participation in an IDRC program, and use of an ignition interlock device. Also, the fines and fees are even larger than those required for first and second offenses.
Intoxicated Driver Resource Center in New Jersey
Many people who face DWIs will encounter the Intoxicated Driver Resource Center (IDRC). Courts often make convicted defendants go through drug or alcohol screenings, treatments, or counseling, and these are all overseen by the IDRC.
The IDRC is a statewide program for those convicted of various drug or alcohol-related offenses, such as DWIs. Each county may have its own IDRC branch, offering access to screening and treatment options. If you are required to abstain from drugs or alcohol or enter a treatment program as part of a DWI conviction, the IDRC is responsible for monitoring your treatment and making sure you comply.
You may be ordered to attend treatment, education classes, or counseling through the IDRC in lieu of jail time. If you fail to comply, you might find yourself behind bars instead of in a treatment center.
The purpose of the IDRC is to identify people who may need help with serious addiction or substance dependency problems. If you struggle with substance use, you may be referred to more intensive treatment programs through the IDRC.
Charges Related to DWI
There are issues related to DWI charges that New Jersey residents should be aware of.
Refusing Chemical Testing
Refusing to take a breathalyzer test in New Jersey can result in penalties that are just as severe as those from a DWI charge. New Jersey is an implied consent state, which means that drivers implicitly consent to have their breath tested if an officer has reason to believe they were driving while under the influence.
Open Containers
According to N.J.S.A. § 39:4-51b(a), all occupants of a motor vehicle are prohibited from having opened or unsealed alcohol containers (e.g., bottles, cans) or unsealed cannabis items. If anyone has an opened or unsealed container, the occupants may be charged.
A person may not be charged if the opened or unsealed container is in the trunk of the vehicle where it cannot be accessed by any of the occupants. Alternatively, if your vehicle does not have a trunk, opened or unsealed containers may be left behind the last row of seats in the car or inside the living quarters of a trailer or mobile home.
Drivers should also note that carrying an open container of alcohol can result in a fine of $200 for a first offense. For a second or subsequent offense, a driver may be fined $250 and ordered to perform community service for 10 days.
Drug Possession
For cases where a DWI stems from controlled substances, certain drug-related charges might apply.
Under N.J.S.A. § 2C:35-10(a), it is illegal to knowingly or purposely have in your possession dangerous or controlled substances. If you are charged with a DWI related to controlled substances and the police find other controlled substances inside the vehicle, you may face a DWI in addition to charges for drug possession.
Penalties vary based on what kind of drugs are involved and what Schedule they are classified under. Substances classified as Schedule I, II, III, or IV may lead to charges for a crime of the third degree and fines of up to $35,000. A third-degree crime may also be met with a prison term of at least 3 years and up to 5.
If your charges are related to Schedule V substances, you may be charged with a crime of the fourth degree and fined up to $15,000. A fourth-degree crime may also be punished with a prison sentence of no more than 18 months.
Contact a New Jersey DWI Attorney Right Away
For answers to all your questions about your NJ DWI charges, contact New Jersey criminal defense lawyer Joseph Lombardo and schedule a free case review. You can call (856) 281-9600 today to learn more.
