DWI PENALTIES CHART
As promised in a previous DWI post, the following DWI Penalty chart provides an accused with an idea as to the penalties they are facing under N.J.S.A. 39:4-50. However, if you have a commercial driver's license (CDL) or have been charged with driving in a school zone, you should be advised that there are additional signifcant penalties and you should contact an attorney at once.
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PENALTIES FOR DWI UNDER N.J.S.A. 39:4-50 as of 6/11/08 Does Not Include the Penalties for School Zone Offenses |
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DWI 39:4-50 Operate or Allowing |
1st Offense Per Se Alcotest or Breathalyser Reading of 0.08% but < 0.10% alcohol while operating or allowing operation N.J.S.A. 39:4-50(a)(1)(i) |
1st Offense Per Se Alcotest or Breathalyser Reading of 0.10 % alcohol or operating under the influence of drugs at any intoxicating level N.J.S.A. 39:4-50 (a)(1)(ii) |
2nd Offense Within 10 years of any previous violations of DWI in NJ or any State in the U.S.A. N.J.S.A. 39:4-50(a)(2) |
3rd or Subsequent Offense Within 10 years of of any previous violations of DWI in NJ or any State in the U.S.A. N.J.S.A. 39:4-50 |
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Fines |
$250-$400 |
$300-$500 |
$500-$1000 |
$1000 |
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Jail |
Up to 30 days in jail at the discretion of the Judge |
Up to 30 days in jail at the discretion of the Judge |
From 2 to 90 days in jail |
Jail for not less than 180 days; however, the Judge may reduce such term for each day served in an IDRC approved in-patient rehab center. However, you can only get a maximum 90 days of jail time credit this way |
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Driver's License Supended or Revoked |
3 months driver's license suspension |
7months to 1 year driver's license suspension |
2 year suspension of driver's license |
10 year suspension of driver's license |
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Driver's License Suspened or Revoked Under 17 years old |
Suspension to run through 17th birthday & thereafter for 3 months |
Suspension to run through 17th birthday & thereafter for 7 months to 1 year |
Suspension to run through 17th birthday & thereafter two years |
Suspension to run through 17th birthday & thereafter ten years |
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Other $ Penalties |
VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41 |
VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41 |
VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41 |
VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41 |
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Other Non $ Penalties |
Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per N.J.S.A. 39:4-50(h) |
Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per N.J.S.A. 39:4-50(h) |
Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per N.J.S.A. 39:4-50(h) |
Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per N.J.S.A. 39:4-50(h) |
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Community Service |
No community service for a 1st . offense |
No community service for a 1st. offense |
Shall serve 30 days Community service |
No community service for a 3rd or subsequent offense |
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Intoicated Drivers Resource Center |
12 to 48 hours at IDRC & satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed. |
12 to 48 hours at IDRC & satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed. |
Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed. |
Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed. |
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Ignition Interlock Device or Suspended Registration |
Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense. |
Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense. |
Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 2 years per N.J.S.A. 39:3-40.1. |
Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 10 years per N.J.S.A. 39:3-40.1. |
