Of the many types of motor vehicle violations, a DWI violation is among the most serious. The direct and collateral consequences imposed upon conviction can impact your life for years to come. These consequences include monetary assessments, the loss of your driving privileges, jail, community service, increased insurance costs and surcharges imposed by the State for a three year period.
Direct Consequences of DWI/DUI Offense:
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Fine
1st offense $250-$500.00 39:4-50(a) (1)
2nd offense $500-$1,000.00
3rd /+ offense $1000.00
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Court Costs
$30.00 22A:3-4
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VCCB
$50.00 2C:43-3.1
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SNF
$75.00 2C:43-3.2
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DUI Enforcement
$100.00 39:4-50.8
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DUI Surcharge
$100.00 39:4-50(i)
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Various Fund Charges
$6.00
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Restitution for victim’s out-of-pocket losses
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Loss of License
1st offense .08/.09 3 mo 39:4-50(a) (1)
1st offense .10/+ 7-12 mo 39:4-50(a) (1)
2nd offense 2 yr 39:4-50(a) (2)
3rd / + offense 10 yr 39:4-50 (a) (3)
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Jail Term
1st offense up to 30 days
2nd offense 2-90 days
3rd offense 180 days
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IDRC
1st offense 12-48 hours over minimum two day period @ $100.00 per day fee
2nd offense 48 hours over six day period @ $100.00 per day fee
3rd offense 48 hours over six day period @ $100.00 per day fee
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Ignition Interlock
Permissive or Mandatory, depending on whether this is a first or subsequent offense
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Community Service
2nd Offense – 30 days (at six hours per day)
Collateral Consequences of DWI/DUI Offense:
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MVC Surcharge on DWI offense
$1000.00 per year / 3 years
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MVC Points and Fines on Companion Moving Offenses
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Nine Insurance Eligibility Points on DWI offense
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Restriction on Vanity/Courtesy License Plates
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Loss of ability to obtain Liability Insurance
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Sentence Enhancement for subsequent:
DWI/DUI
Driving on Revoked/Suspended List
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Out-of-State Licensee/ Reported to Home State by NJ MVC
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MVC Restoration Fees
In addition to the above considerations, several other factors will impact how your case progresses.
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The New Jersey Supreme Court requires that the Municipal Courts dispose of DWI offenses by either plea or trial. This means that either you are going to plead guilty to the DWI offense or you are going to trial on the DWI offense. The Court will not allow the DWI offense to be dismissed as part of a plea bargain to any other offense you are charged with.
- The New Jersey Supreme Court requires that the Municipal Courts dispose of DWI offenses within 60 days of the offense.
Consultation with an Attorney
Within twenty-four hours of receiving the Summons:
- Write a complete account of the incident starting prior to the stop and ending after you are released by the officer. DO NOT SHARE THIS NARRATIVE WITH ANYONE OTHER THAN AN ATTORNEY.
- Make an appointment to consult with an attorney who has previously represented clients charged with drunk driving offenses.
Bring the following to the consultation:
- The narrative writing you prepared of all details of the incident.
- All documents regarding this or past driving offenses.
- Medical documents for any condition that you had at the time of the incident.
- The names, addresses and telephone numbers of any witnesses.
Be prepared to discuss:
- The several hour time frame prior to the incident: this will include what you drank, where you were, and who you were with;
- The events that occurred during your initial encounter with the police: this will include a description of where you stopped the vehicle, whether you had your credentials out when the officer approached you, whether the officer asked you questions, and how you answered the officer’s questions;
- The events that occurred after you were asked to exit the car: this will include a description of each ‘balance’ test you were asked to perform, the exact location of where you were asked to do the tests, and a description of the roadway surface where you did the tests;
- The events that occurred at police headquarters: this will include a description of any ‘balance’ tests you were asked to perform at headquarters, a description of the procedure you were asked to perform during the breathalyzer testing, and the results of the testing.
Bailey & Orozco: Newark Criminal Defense Attorneys
FREE INITIAL CONSULTATION • Se Habla Español
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744 Broad St, Suite 1901 Newark, NJ 07102
Office Hours: 8:30 AM - 6:00 PM Monday - Friday
Office Appointments Available 24 hours a day, 7 days a week
Call 866.919.6193 for more information or to make an appointment for a Free Initial Consultation with a criminal defense lawyer.
