Totowa NJ DWI Defense Attorney: Explaining Penalties for DWI in New Jersey

Drunk Driving Defense in Passaic County, NJ

If you are facing a drunk driving charge in New Jersey, you should seek legal advice from an experienced DWI defense lawyer who can help you reduce or avoid serious DWI penalties. Even a first offense DWI can result in jail time and suspension of your driver’s license, in addition to the many other penalties outlined below.

Alissa D. Hascup has successfully defended countless clients who have been charged with alcohol-related offenses, including first offense DWI, third offense DWI, and refusal to take a breath test in Wayne, Clifton, Paterson, West Milford, Totowa, and Passaic. Ms. Hascup has extensive experience in the courtroom as both a defense attorney and a DWI prosecutor. In fact, her experience on both sides has allowed her to develop advanced defense strategies that she can use to help you with your DWI charges.

Call or email Alissa Hascup today for a free consultation about your DWI case. Feel free to keep reading this page for more information about DWI penalties in New Jersey.

Penalties for DWI in New Jersey: First Offense

There are three categories of penalties for first offense DWI in New Jersey.

.08% to .10% Blood Alcohol Content (BAC):

Jail Time: A sentence of up to 30 days in jail.
Suspension of Driver’s License: Loss of driver’s license until the installation of an Ignition Interlock Device (IID).
Fines: $250.00-$400.00 in fines, plus court costs and fees.
Intoxicated Driver Resource Center (IDRC): Required to spend 12-48 hours attending an intensive alcohol education program at the IDRC. Failure to comply with IDRC requirements could result in additional jail time.
Ignition Interlock Device (IID): This is a device that makes it impossible to start the car without first providing a clean breath test sample. An IID MUST be installed and remain installed for a period of three (3) months.

.10% to .15% BAC:

Jail Time: A sentence of up to 30 days in jail.
Suspension of Driver’s License: Loss of driver’s license until the installation of an Ignition Interlock Device (IID).
Fines: $300.00-$500.00 in fines, plus court costs and fees.
IDRC: Required to spend 12-48 hours attending an intensive alcohol education program at the IDRC. Failure to comply with IDRC requirements could result in additional jail time.
IID: IID MUST be installed and remain installed for a period of seven (7) months to one (1) year.

.15% and Above BAC:

Jail Time: A sentence of up to 30 days in jail.
Suspension of Driver’s License: Suspension of driver’s license for four (4) to six (6) months.
Fines: $300.00-$500.00 in fines, plus court costs and fees.
IDRC: Required to participate in an alcohol education program at the IDRC for between 12 hours and 48 hours. Failure to comply with IDRC requirements could result in jail time.
IID: IID MUST be installed for the period of suspension and must remain installed for a period of between nine (9) and fifteen (15) months following the return of your driver’s license.

Penalties for DWI in New Jersey: Second Offense

.08% BAC and above:

NOTE: Unlike first offenses, your BAC does not impact the penalties for a second offense.

Jail Time: A mandatory sentence of two (2) days in jail, which can be extended to three (3) months in jail under certain circumstances. (Courts will generally allow you to serve the two (2) days through IDRC.)
Suspension of Driver’s License: Mandatory suspension of driver’s license for one (1) to two (2) years.
Fines: $500.00-$1,000.00, plus court costs and fees.
IDRC: Must spend 48 hours attending an alcohol education program at the IDRC. Might also be required to complete additional treatment in a follow-up program that can last for as long as four (4) months. Failure to comply with these requirements can lead to additional jail time.
IID: IID MUST be installed for the period of suspension and must remain installed for a period of between two (2) and four (4) years following the return of your driver’s license.
Community Service Requirement: Required to perform 30 days (or 180 hours) of community service.

Penalties for DWI in New Jersey: Third Offense

.08% BAC and above:

NOTE: Unlike first offenses, your BAC also does not impact the penalties for a third offense.

Jail Time: Mandatory sentence of six (6) months in jail, three (3) months of which can be served by participation in an IDRC approved drug/alcohol in-patient rehabilitation program.
Suspension of Driver’s License: Loss of driver’s license for eight (8) years.
Fines: $1,000.00, plus court costs and fees.
IDRC: Determined on a case-by-case basis.
IID: IID MUST be installed for the period of suspension and must remain installed for a period of between two (2) and four (4) years following the return of your driver’s license.
Community Service Requirement: Determined on a case-by-case basis.

Schedule a Free Consultation with a Passaic County NJ DWI Defense Lawyer

If you have questions about your DWI or DUI case, call or email Alissa Hascup today. Ms. Hascup will be happy to look over the details of your case and determine the best strategy to help you.

If you are facing criminal charges in New Jersey, you want a battle-tested, aggressive criminal defense attorney on your side. Alissa D. Hascup will protect your rights and your freedom. She is highly skilled and incredibly motivated and puts clients first – always.

Please contact Ms. Hascup’s office today to request a free initial consultation about your criminal charges. She will review the facts of your case, answer your questions, and explain how she can best defend you.

Ms. Hascup can be reached 24/7. For your convenience, she offers night and weekend appointments, as well as virtual appointments.

Courts We Serve

In Passaic County, including Paterson, Clifton, Wayne, Passaic, West Milford, Hawthorne, Little Falls, Pompton Lakes, Ringwood, Woodland Park, Wanaque, Totowa, North Haledon, Haledon, Bloomingdale, and Prospect Park, in Morris County, including Morristown, Parsippany, Denville, Randolph, Rockaway, Madison, Boonton, Dover, East Hanover, Montville, Lincoln Park, Pequannock, Butler, and Riverdale, in Essex County, including Newark, East Orange, West Orange, South Orange, Irvington, Bloomfield, Montclair, Belleville, Nutley, Maplewood, Millburn, Verona, Cedar Grove, West Caldwell, Glen Ridge, Fairfield, and Roseland.

Offices

Alissa D. Hascup, Esq.