WHAT ARE THE PENALTIES FOR DWI?

Being charged with and convicted of Driving While Intoxicated (either via alcohol or drugs) under N.J.S.A. 39:4-50 has serious consequences in New Jersey. There are both direct consequences and collateral consequences that arise from a conviction of DWI. This article will address the direct consequences (only), which can result in a jail term, a significant loss of your driver's license through suspension or revocation and high monetary penalties. With respect to the collateral consequences, an attorney should always be consulted. The penalties for DWI, vary upon the number of prior convictions for DWI that you may have and the location of the incident (i.e. increased penalties if the event happened near or on school grounds). In the coming days, I will be creating a chart that should provide you with an idea of the potential penalties that you face.

How Do Motor Vehicle Points Affect Me?

New Jersey Motor Vehicle Commission (NJ MVC) Points

          We have all heard, either through a driver's education class or by the angry police officer standing next to our car, that "driving isn't a right, it is a privilege." If you are found guilty or pled guilty to a traffic infraction (such as speeding, reckless driving, driving without insurance, DWI or while suspended, etc.), your privilege to drive may be revoked or suspended. This will result in fines, yearly surcharges, increases in your car insurance premiums and even jail. The severity of your actions are patrolled by the MVC using a point system. When you are convicted of certain moving violations, MVC will punish you by adding points to your driving history or abstract. As a general rule, you only get points on your record for moving violations.

How do Points Affect Me?

When you receive six (6) or more points within the previous three (3) years on your driving record, you will be assessed a yearly surcharge for three straight years. When you get twelve (12) or more points on your driving abstract, your license will be suspended. The MVC will mail you a notice of scheduled suspension by mail. When this happens you may want to contact an attorney who can eliminate the suspension or lessen the length of the proposed suspension at a MVC hearing.


How Can I Eliminate Points from My Record?

When you remain offense free for an entire year and your license is in good standing for that year, MVC will take up to a maximum of three (3) points off your motor vehicle record. There are also certain driver improvement courses that can eliminate points. However, it is best to check with the MVC to see whether you are eligible to receive a point reduction or whether the class you are taking is a qualified driving course approved by MVC.

What is the Best Way to Advoid Points?

The best way to avoid points, surcharges, license suspensions and possible penal consequences is to follow the rules of the road at all times. However, no one is perfect and things happen. If you have been stopped by a police officer and issued tickets for moving violations, you should try and obtain a free consultation with an attorney skilled in traffic and criminal law. An attorney can advise you as to your best course of action, your rights and the penalties that you are facing. Attorneys, through their education, skills and knowledge of the Courts, may be able to eliminate all of the points or eliminate the suspension or jail consequences associated with a particular offense.