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.
| 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 | ||||
| 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 |
| Fines | $250-$400 | $300-$500 | $500-$1000 | $1000 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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) |
| 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 |
| 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. |
| 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. |
