DUI Attorney in Red Bank, New Jersey
New Jersey law enforcement officers and courts are aggressive towards those caught driving while intoxicated. The laws are very strict and the state will vigorously prosecute these charges. Some of the many consequences of a DUI/DWI in New Jersey include fines, possible jail time, and the mandatory suspension of one’s license. Furthermore, New Jersey does not permit plea bargaining of this offense and the state does not allow for provisional licenses. This means that if you are convicted of a DUI/DWI, you will lose your license, affecting your livelihood and ability to care for family members. A DUI/DWI is a permanent mark on your driving record. It is important to consult with an attorney if you are charged with this crime. The Law Offices of George J. Mardinly is an experienced law firm with significant experience defending NJ clients facing DUIs. For a consultation, contact our firm to discuss your legal matter.
NJ DUI/DWI Laws
Testing one’s blood alcohol content (BAC) is the only scientific way to determine if a person is under the influence of alcohol. Even if you feel ok to drive, you may have a BAC above the legal limit. In New Jersey, if you have a BAC over 0.08%, you are considered “under the influence” and will be arrested for a DUI/DWI. Depending on how far over the legal limit you are, you can be subject to different consequences.
For a first offense DUI/DWI with a BAC over 0.08% but lower than 0.10%, you could be subject to the following.
- Up to 30 days of incarceration
- 3-month loss of license
- $1000 fine per year for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
- A $250-$400 fine
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund fee
- A $75 Neighborhood Services Fund fee
For a first offense DUI/DWI with a BAC over 0.10%, you face tougher penalties, including:
- Jail time up to 30 days
- 7-12 month license suspension
- A $1000 surcharge for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
- A $300-$500 fine
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund fee
- A $75 Neighborhood Services Fund fee
If you are caught with a BAC over .15%, you must install an ignition interlock device in any car you principally drive during the license suspension and for 6-12 months after the suspension, at cost to you.
Repeat offenders
If you are caught driving intoxicated within 10 years of a first DUI/DWI conviction, the penalties are much greater. You may be looking at the following consequences.
- Possible 90 days in jail
- 2-year loss of license
- $1000 yearly surcharge for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
- A $500-$1000 fine
- A $100 Alcohol Education and Rehabilitation Fund Fee
- A $100 Drunk Driving Fund
- A $75 Neighborhood Services Fund
If you are caught a third or subsequent time within 10 years of the second conviction, you could face the following.
- Up to 180 days in jail
- 10-year loss of license
- A $1500 yearly surcharge for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
- A $1000 fine
- A $100 Alcohol Education and Rehabilitation Fund Fee
- A $100 Drunk Driving Fund
- A $75 Neighborhood Services Fund
Contact an experienced DUI/DWI defense attorney
The Law Offices of George J. Mardinly defends clients in New Jersey arrested for a DUI/DWI. Our firm will assess all available legal defenses to fight the charge. It is critical that you avoid a conviction because it will impact your life and livelihood. If you need effective legal defense against a DUI/DWI charge, contact The Law Offices of George J. Mardinly for a consultation to discuss your legal situation.