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DUI & DWI in New Jersey

The penalties for a drunk driving conviction are fierce - jail time - fines - missing work - potential job loss - potential professional license forfeiture - ignition interlock - embarrassment - emotional strife - family discord - intoxicated driver program and the like. Facing criminal charges is not a time to try to defend yourself. A better alternative is to consult with the New Jersey DUI attorney of your choice.

If you or a loved one has been arrested for a DWI on New Jersey roadways, this article was written for you:

  • New Jersey DWI Laws
  • New Jersey DWI Punishments
  • Potential DWI Defenses
  • New Jersey's Other Drunk Driving and Alcohol Laws
  • How to Find a New Jersey DWI Attorney

When is a Driver Considered to be Legally Drunk in New Jersey?

The New Jersey Statutes contain New Jersey's drunk driving laws.

Here are the New Jersey DWI (blood alcohol content laws)summarized:

  • The BAC limit for most drivers is .08.
  • The BAC limit for commercial drivers is .04.
  • The BAC limit for drivers under the age of 21 is .01.

What is New Jersey's Punishment for DUI Convictions?

We'll go ahead and list standard punishments for 1st, 2nd, and 3rdDWI convictions below. However, if you are convicted of drunk driving near a school or with a child, under the age of 17, in your car, the penalties will be enhanced.

  • 1st Offense (BAC between .08 and .10) - jail up to 30 days - fines of $250 to $400 + surcharges and fees - driver's license suspension for 3 months - intoxicated driver program - ignition interlock - surcharge fine of $75.
  • 1st Offense (BAC .10 or higher) - jail up to 30 days - fines of $300 to $500+ surcharges and fees - driver's license suspension for 7 months to 1 year - intoxicated driver program - ignition interlock - surcharge fine of $75.
  • 2nd Offense within 10 years - jail up to 90 days - fines of $500 to $1,000 + surcharges and fees- driver's license suspension for 2 years - intoxicated driver program - ignition interlock - surcharge fine of $75.
  • 3rd Offense within 10 years - jail up to 180 days - fine of $1,000 + surcharges and fees - driver's license suspension for 10 years - intoxicated driver program - ignition interlock - surcharge fine of $75.

New Jersey Drunk Driving Defenses

You may have a valid defense;be sure to consult with the New Jersey DWI lawyer of your choice - www.attorneys.org.

Potential DWI defenses include:

  • Trial court error.
  • The roadblock was not proper.
  • There was no probable cause to stop you.
  • Proper arrest and detainment procedures were not followed.
  • Someone else was driving the motor vehicle.
  • BAC testing was erroneous.
  • Your BAC at the time of the stop was lower than .08.

New Jersey's Other Drunk Driving and Alcohol Laws

New Jersey's Dram Shop Act
If a server at a New Jersey licensed drinking establishment serves a visibly intoxicated person or an underage person, the establishment and server can be held liable for injuries.

New Jersey's Providing Alcohol to Underage Persons Law
If any adult gives or sells alcohol to an underage person or allow underage persons to drink in their home in New Jersey, they will pay a $1,000 fine.

How to Find a New Jersey DUI Attorney

A DWI lawyer will investigate, analyze your case, and determine the strongest defenses. To find a New Jersey DUI attorney, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral.

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