DUI Consequences in New Jersey
Being arrested and charged with a DUI or Refusal to take a breath test in New Jersey is an unfortunate experience. The smartest thing you can do is to hire an experienced DUI attorney to represent you in your case. Though these types of offenses are not considered criminal in New Jersey, hefty consequences may still result. Attorney Christopher Marrone specializes in representing New Jersey clients in DUI-related matters. He outlines the most important things to do and questions to ask if you are charged with a DUI and the potential consequences per offense.
If you have the unfortunate experience of being arrested and charged with a DUI or Refusal to take the breath test in New Jersey, you should immediately consult with an experienced and aggressive DUI attorney to represent you. There are many attorneys who tout themselves as DUI attorneys. However, one must be sure that their choice of representation is carefully thought out. Make sure you meet with the attorney face to face and ask questions about his/her background and experience.
Also, make sure you inquire as to trial strategy. DUI’s and Refusals in New Jersey cannot be plea bargained as a matter of law. Your attorney will need to convince the Prosecutor that you have a very good chance of winning at trial before a Prosecutor will dismiss the charge on the record without the need for a trial. This convincing involves tactical and aggressive trial preparation and strategy. It is not enough to simply having relationships with Prosecutors. Your attorney needs to have a reputation for success using aggressive tactics. Some important questions to ask your attorney are:
1) How many DUI and Refusal cases have you had dismissed?
2) Do you use an expert in every case?
3) What defenses do you foresee based upon the facts of my case?
Additionally, do not discuss your case with anyone other than an attorney. Remember, everything you say can and will be used against you at a trial. You have a Fifth Amendment privilege to remain silent, so exercise that right. All communications with attorneys are protected by attorney-client privilege.
Here is some positive news: A DUI and Refusal charge is not a criminal offense in New Jersey. Thus, if you are ultimately convicted of either, you will not have a criminal record. However, the negative consequences of a DUI or Refusal charge are significant. They include:
1st Offense
1st Offense: Your blood alcohol level is 0.08% but less than 0.10% or you are visibly under the influence of liquor.
- Your fines can range anywhere from $250.00 to $400.00, and will include a DWI
Surcharge of $100.00, a DDEF Surcharge of $100.00, assessments of $6.00, court costs
of $33.00, a safe neighborhood fine (SNSF) of $75.00, and also a VCCO fine of $50.00. - Your stay in the Intoxicated Driving Resource Center (IDRC) will be for a period of
12 Hours. - Jail time for a period of up to 30 days,
- Driver’s license suspension for a period of 3 months.
- An Interlock for your principal vehicle is optional and can last as long as one to six
months or even a year if required, and follows the period of your license’s suspension.
1st Offense: Your blood alcohol level is 0.10% or higher or you are visibly under the
influence of drugs.
- Your fines can range anywhere from $300.00 to $500.00, and will include a DWI
Surcharge of $100.00, DDEF Surcharge of $100.00, assessments of $6.00, court costs of
$33.00, a safe neighborhood fine (SNSF) of $75.00, and also a VCCO fine of $50.00. - Your stay in the Intoxicated Driving Resource Center (IDRC) will be for a period of
12 Hours. - Jail time for a period of up to 30 days,
- Driver’s license suspension for a period of seven months to one year.
- An Interlock for your principal vehicle is a mandatory six months to one year if
your blood alcohol level was .15 or higher. This Interlock will also be required while
your license is suspended as well as during any additional period. However, if your
blood alcohol level was less than .15 the Interlock will be optional and can range
anywhere from six months to a year following the suspension of your license.
2nd Offense
2nd Offense: Your blood alcohol level is 0.08% or higher or you are visibly under the influence of liquor or drugs.
- Your fines can range anywhere from $500.00 to $1,000.00 and will include a DWI
Surcharge of $100.00, DDEF Surcharge of $100.00, assessments of $6.00, court costs of
$33.00, a safe neighborhood fine (SNSF) of $75.00, and also a VCCO fine of $50.00. - Your stay in the Intoxicated Driving Resource Center (IDRC) will conform to the
individual treatment classification which is 48 hours. - Jail time will range from a minimum of 2 to 90 days, but the court may authorize two of
these days through the IDRC. - Driver’s license suspension for a period of two years.
- Community Service of 30 days will also be required during this time.
- An Interlock for your principal vehicle will be required for a mandatory one to three
year period during the time of your license’s suspension as well as the additional
period.
3rd Offense
3rd Offense: Your blood alcohol level is 0.08% or higher or you are visibly under the
influence of liquor or drugs
- Your fine will be $1,000.00 and will also include a DWI Surcharge of $100.00, DDEF Surcharge of $100.00, assessments of $6.00, court costs of $33.00, a safe neighborhood fine (SNSF) of $75.00, and also a VCCO fine of $50.00.
- Your stay in the Intoxicated Driving Resource Center (IDRC) will conform to the individual treatment classification.
- Jail time is a mandatory period of 180 days, of which up to 90 of those days can be served through the inpatient program the IDRC offers. *Please note that all of the jail time cannot be served through the IDRC, community service or work release. Therefore, jail time will be mandatory.*
- Driver’s license suspension for a period of ten years,
- Ignition Interlock for your principal vehicle will be a mandatory one to three years, be required during the license suspension as well as for any additional period.
A refusal to submit breath samples for chemical testing will also include the same
fines and penalties as DWI violations, except jail time will not apply.
In addition to the penalties above, the New Jersey Motor Vehicle Commission will surcharge you $1,000 per year for three years. Plus, your insurance rates will increase tremendously. Moreover, if your license is suspended as a result of a DUI or Refusal charge, you cannot drive or you will face even greater penalties for driving while suspended. New Jersey does not offer a temporary license or restricted license while you are suspended. New Jersey also does not have a diversionary program for first offenders. Therefore, a DUI or Refusal conviction will have a huge economic effect on your life, in addition to the collateral consequences you face.
Do not assume anything! DUI’s and Refusals can be challenged and successfully dismissed at trial if an experienced and aggressive DUI attorney handles your case. Do not take legal advice from someone who is not an experienced DUI attorney.
Christopher Marrone, Esq.
532 Route 70 West
2nd Floor
Cherry Hill, NJ 08002