Skip to Content

Call Us - Problem Solved
1-877-HELMER1
1-877-435-6371

Incarceration After a DWI

February 3, 2017 | Posted In Drunk Driving |

Consuming even small amounts of alcohol can affect your reaction time and alertness, but a New Jersey driver is only guilty of driving while intoxicated if his or her blood alcohol concentration or BAC is .08 or higher based on the results of a blood test. 

New Jersey Statute 39:4-50 speaks to the traffic violation of Driving While Intoxicated which results in serious consequences depending on the number of prior offenses, if any, the age of the driver and other facts specific to your case.  A New Jersey DWI lawyer can meet with you and review your situation to determine the consequences that will likely be imposed by the Judge.

First Offense:  A first offense of DWI for a blood concentration of .08 carries several serious penalties such as:

  • Fines up to $400;
  • Jail time up to 30 days;
  • 12 hours at an Intoxicated Driver Resource Center;
  • $1000 insurance surcharge that extends for a period of three years;
  • License suspension for three months.

When a New Jersey driver has a blood alcohol concentration of .10 or higher, the consequences or more severe:

          -         Fines up to $500;

          -         Jail time up to 30 days;

          -         12 hours at an Intoxicated Driver Resource Center;

          -         $1000 insurance surcharge that extends for a period of three years;

          -         License suspension from 7 to 12 months.

Additionally, individuals should be aware that some first offenses will require the installation of an ignition interlock device for a period of one to three years. The device measures the driver’s blood alcohol level and prevents the vehicle from starting when alcohol levels are too high.

Second Offense:  The penalties for a second DWI traffic offense include:

          -         Fine up to $1000;

          -         Jail time up to 90 days;

          -         48 hours detainment at an Intoxicated Drover Resource Center;

          -         $1000 insurance surcharge that extends for a period of three years;

          -         License suspension for two years; and

          -         The installation of an ignition interlock device for a period of one to  three years which measures the driver’s blood alcohol level and prevents the vehicle from starting when alcohol levels are too high.

New Jersey Surcharges:  An offense of DWI can result in the imposition of New Jersey surcharges which are fines assessed by the New Jersey Surcharge Violation System.  Any such surcharges are amounts owed in addition to any court fines or penalties assessed by the judge.

Any of these penalties can be increased if a New Jersey driver is driving while intoxicated in a school zone or a school crossing. If a minor child is in the vehicle at the time of the DWI traffic violation the additional penalties can include:

  • A disorderly person offense;
  • Up to five days of community service;
  • Loss of the right to operate a vehicle up to six months.

Only a DWI lawyer can review any extenuating circumstances from your case that could lead to increased penalties.

Contact a Skilled New Jersey DWI Attorney Today

The experienced New Jersey DWI attorneys at Helmer, Conley & Kasselman, P.A. understand the penalties for a DWI conviction and the best defenses that may be available to present on your behalf based on the intricacies of your situation.  Call our skilled team of attorneys today.

Call Us - Problem Solved

| 1-877-HELMER1
Helmer, Conley & Kasselman, P.A.

Time is of the Essence

Don’t let your rights be jeopardized.