DWI PENALTIES AND COSTS
Let me start with the conclusion:
Even a first DWI conviction will cost you a lot. A
fairly typical cost for just pleading guilty,
without an attorney, is $3,685. Add to this another
$3,000 in what your insurance company will surcharge
you over the next several years and your increased
insurance costs thereafter. You’re up to $6,685, and
probably a good deal more. Then add in other very
real “costs” you might encounter: the possibility of
jail time, time spent away from work attending the
Court-ordered Intoxicated Driver’s Resource Center,
the difficulty of getting to and from work without a
driver’s license, the strain on your marriage and
other relationships, the impact on your job, your
reputation, etc.
My view is that these stakes are just too high for
you to plead guilty right out of the box. My strong
recommendation is to consult with and consider
retaining an experienced DWI attorney who will fight
for you. Who will preserve your rights, analyze your
case, evaluate the State’s discovery, make
appropriate motions, and when warranted, try the
case. I’m that kind of attorney. If you’d like to
talk with me about your case, give me a call at
(732) 238-8686.
Here are some specifics about New Jersey DWI
penalties and costs:
What are the penalties for
a 1st offense DWI?
If the BAC is greater than .08% but less than.10%:
you’re looking at a
3 month loss of license; up to $400 in fines, about
$600 in other fees and a
$3,000 surcharge; a prison term of up to 30 days,
and 12 to 48 hours at an
Intoxicated Drivers’ Resource Center.
If the BAC is .10% or greater: you’re looking at a
loss of your driver’s license from 7 months to one
year; up to $500 in fines, $600 or so in other fees
and a $3,000 surcharge; a prison term of up to 30
days, and 12 to 48 hours at an Intoxicated Drivers’
Resource Center.
Note that this does not include: the costs of towing
and impounding your
vehicle (possibly additional hundreds of dollars);
the cost of court-ordered alcohol education classes;
the impact of the nine insurance eligibility points
you will receive on your automobile insurance
(ranging from being dropped to an increase in your
premiums from many hundreds to thousands of dollars
each year); the costs of taking public
transportation and/or hiring someone to drive you to
work and elsewhere; the possible impact on your job
or career and your relationships with loved ones.
What are the penalties for
a 2nd offense DWI?
If the 2nd offense occurs within 10 years of a 1st
offense: you’re facing a 2 year loss of license; up
to $1,000 in fines, about $600 in other fees and
a $3,000 surcharge; a prison term of up to 90 days;
community service of 30 days and between 12 and 48
hours at an Intoxicated Drivers’ Resource Center.
Note that this does not include: the costs of towing
and impounding your
vehicle (possibly additional hundreds of dollars);
the impact of the nine insurance eligibility points
you will receive on your automobile insurance
(ranging from being dropped to an increase in your
premiums from many hundreds to thousands of dollars
each year); the costs of taking public
transportation and/or hiring someone to drive you to
work and elsewhere; the possible impact on your job
or career and your relationships with loved ones.
What are the penalties for
a 3rd offense DWI?
If the 3rd offense occurs within 10 years of the 2nd
offense: you’re looking at a 10 year loss of
license; $1,000 in fines, about $600 in other fees
and a $4,500 surcharge; a prison term of 180 days;
up to 90 days community service, and 12 to 48 hours
at an Intoxicated Drivers’ Resource Center.
Note that this does not include: the costs of towing
and impounding your
vehicle (possibly additional hundreds of dollars);
the impact of the nine insurance eligibility points
you will receive on your automobile insurance
(ranging from being dropped to an increase in your
premiums from many hundreds to thousands of dollars
each year); the costs of taking public
transportation and/or hiring someone to drive you to
work and elsewhere; the possible impact on your job
or career and your relationships with loved ones.
What about Ignition
Interlock Devices?
The Court may require first and repeat DUI offenders
to install and use Ignition Interlock Devices. A
driver has to blow into the device in order to start
his or her vehicle. It won’t start if the driver’s
BAC exceeds the specified alcohol set-point. Note
that this is discretionary with the Court and is in
addition to the other penalties provided for in the
other DWI statutes:
For a 1st offense: the Court has the discretion to
order the installation of the interlock device for 6
months to 1 year as a condition of restoration of
driving privileges;
For a 2nd or subsequent offense: he Court has the
discretion to order the installation of the
interlock device for 1 year to 3 years as a
condition of restoration of driving privileges
If you are sentenced to have an interlock, you must
present proof of installation in person at a MVC
Regional Service Center in order to have your New
Jersey driving privilege restored.
What if I’m charged with
drinking alcohol while driving/riding?
If it’s a 1st offense: you’ll get a $200 fine.
If it’s a 2nd offense: you’ll get a $250 fine and 10
days community service.
What if I’m found guilty of
driving while suspended for DWI?
Very bad things! Specifically, you will lose your
license for 1 to 2 years in addition to the period
of license suspension for the DWI (you’re
registration will also be suspended for the same
period); a $500 fine and a $750 surcharge; and a
prison term of 10 days to 90 days
