DWI/DUI
Driving While Intoxicated, or "drunk driving" is classified as operating a vehicle under the influence of alcohol, or any controlled dangerous substance, medication, or prescription that impairs the driver's ability to operate the vehicle.
Know your rights!
In New Jersey, the DWI/DUI laws are as follows:
• an Alcotest BAC (Blood Alcohol Content) reading of: 0.08%
• Receive administrative license suspension upon 1st offense: No
• Restore driving privileges during suspension: N/A
• Do penalties include interlock: Yes
• Vehicle forfeiture for multiple offenses: No
• Open container laws: driver/passenger
If convicted of DWI/DUI, there are several factors that are weighed into which fines/penalties you may receive:
- Prior DWI/DUI convictions
- Any other prior convictions
- Any current probation or parole you may be on
- Attitude of the community and court toward this type of crime
- Mitigating/aggravating circumstances
- If there was an accident involved
- Your BAC - blood alcohol content - In New Jersey, a BAC of 0.10% or higher may carry greater penalties
New Jersey Mandatory Fines and Penalties
| Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10% |
| Loss of License | Fines, Fees & Surcharges | Possible Prison Term | Community Service Requirement |
| 3 months | $250–$400 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund |
Up to 30 days | 12–48 hours IDRC* |
| Alcohol or drug related DUI with BAC of 0.10% or greater |
| Loss of License |
Fines, Fees & Surcharges | Possible Prison Term | Community Service Requirement |
| 7 months– 1 year |
$300–$500 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund |
Up to 30 days | 12–48 hours IDRC* |
For more information on New Jersey DWI/DUI fines & penalties, visit
If you're facing a possible conviction of DWI/DUI and the penalties listed above, Resch & Driscoll, P.C. law firm is here to help you with your Driving While Intoxicated case. Let us help you develop an effective defense -
This may include:
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What kind of help can Resch & Driscoll provide?
- Current and prior municipal prosecutor experience
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to defense
- Consultation with the prosecutor to minimize or eliminate the charges
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and keep them informed
- In appropriate cases, negotiate alternatives to jail
- Get evaluation report from court approved psychologist (to show counseling may be a better alternative to jail).