Sutnick & Sutnick Attorneys at Law

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New NJ DWI/DUI Laws & Penalties

Historical Overview of DUI/DWI Penalties

In recent years, the laws and penalties for driving under the influence of drugs or alcohol (DUI/DWI) have changed significantly. For many years, when a person was convicted of driving under the influence of drugs or alcohol, a suspension of their driving privileges was nearly certain. However, with recent legal and statutory changes, an experienced attorney may be able to completely eliminate any driver’s license suspension.

If you’ve been charged with DUI/DWI, our certified trial attorneys have helped many satisfied clients, and we will help you achieve the best possible results in your drunk driving matter. Call anytime, day or night, for a FREE legal consultation. We serve all of New Jersey and New York City, including Bergen County, Passaic County, & Hudson County.

Alternatives to License Suspension: Ignition Interlock Devices

The new DWI/DUI laws permit some drivers to install an ignition interlock device in their vehicle instead of having their privilege to drive suspended. A driver may now be able to obtain a special type of restricted license that permits driving on the condition that an ignition interlock device is put into the
vehicle.

How Ignition Interlock Devices Work

An ignition interlock device is an alcohol detection system that is used to obtain a driver’s blood alcohol level prior to permitting the car to drive. Specifically, a driver must blow into a mouthpiece that is installed in the car and give a breath sample before the ignition will turn on. In addition, the driver will be required to intermittently provide a breath sample while operating the motor vehicle. In other words, a driver must blow into the machine, once in a while, while driving.

Benefits of Using an Ignition Interlock Device

Significantly, with these changes, there are no other restrictions on a driver’s ability to operate a motor vehicle. If the interlock is installed and the breath sample passes, the car will start, and the driver will be permitted to drive anywhere and at any time. There is no requirement that a vehicle be driven only for employment or in emergency situations.

Opportunities for Drivers with Multiple DWI Convictions

Saving Driving Privileges with Ignition Interlock Devices

Even drivers who are found guilty of a second or third DWI, may be able to save their driving privileges. No longer is a driver facing nearly a decade of
a suspended license.

Pre-Court Installation Benefits

There is another new feature of the new DWI law which benefits some drivers who install an interlock device even before they go to court. Under the new laws, in many situations, a driver can receive credit off of a future suspension if an ignition interlock device is installed in advance. For every

2 days that an interlock device is installed on a driver’s vehicle, a drive may receive 1 day of credit off a future suspension.

Additionally, certain court fines can be waived when a driver chooses to proactively install the interlock device.

Importance of Compliance with New DWI Laws

Ensuring Compliance for Maximum Benefits

In order to get these benefits, it is critically important that a driver comply with every detail of the new law. One misstep or shortcut, and all these benefits may not apply.

Expert Legal Assistance at Sutnick & Sutnick, LLC

Navigating Legal Changes with Professional Guidance

At Sutnick & Sutnick, LLC, our DWI/DUI lawyers specialize in this area of the law and recognize the importance of working together with specific interlock
providers. We want to ensure that the process between the attorney, the client and the court is smooth and proper. A reputable interlock company will always be available to answer questions and communicate with a driver and their lawyer.

Restrictions and Limitations of New DWI Laws

Applicability to New Jersey Licensed Drivers Only

Significantly, these new legal changes ONLY apply to New Jersey licensed drivers who are in good standing with the Motor Vehicle Commission. An out-of-state licensed driver will not be entitled to the ignition interlock credits.

Exclusions for Drug-Related DUI Charges

The new laws also ONLY apply for driving while intoxicated charges. They do not apply for driving under the influence of drugs or narcotics. At Sutnick & Sutnick, LLC, we are experts in this area of the law and can defend you and protect your rights. While a conviction for DWI/DUI has the potential to have an impact on your career, your reputation and even your immigration status, we can often limit the most serious consequences. At Sutnick & Sutnick, LLC, we are experts in this area of the law and we are here to help you.

Penalties under the new DWI/DUI law for alcohol-related offenses:

First offense for DUI/DWI conviction (alcohol-related):

For a driver who is determined have a blood alcohol content (BAC) of .08 but less than .10%

  • interlock for 90 days
  • mandatory court fines
  • 12-hour class in the Intoxicated Driver Resource Center
  • $3,000 Motor Vehicle Commission surcharge

For a driver who is determined have a blood alcohol content (BAC) of .10 but less than .15%

  • interlock for 7 to 12 months
  • mandatory court fines
  • 12-hour class in the Intoxicated Driver Resource Center
  • $3,000 Motor Vehicle Commission surcharge

For a driver who is determined have a blood alcohol content (BAC) of .15 or higher

  • 3-month driver’s license suspension
  • interlock for an additional 9 to 12 months after license suspension (a driver shall receive 1 day credit off of their
    suspension for every 2 days an interlock in installed)
  • mandatory court fines
  • 12-hour class in the Intoxicated Driver Resource Center
  • $3,000 Motor Vehicle Commission surcharge

Second offense for DUI/DWI conviction (alcohol-related):

  • incarceration at the county jail for between 2 and 90 days
  • 30 days of community service
  • 1 to 2-year license suspension
  • interlock for an additional 2 to 4 years after license suspension (a driver shall receive 1 day credit off of their suspension for
    every 2 days an interlock in installed)
  • mandatory court fines
  • 48-hour class in the Intoxicated Driver Resource Center
  • $3,000 Motor Vehicle Commission surcharge

Third offense for DUI/DWI conviction (alcohol-related):

  • incarceration at the county jail for 180 days, 90 of which can be served in an in-patient drug or alcohol program
  • 8-year license suspension
  • interlock for an additional 2 to 4 years after license suspension (a driver shall receive 1 day credit off of their suspension for
    every 2 days an interlock in installed)
  • mandatory court fines
  • Intoxicated Driver Resource Center class as ordered by the Court
  • $4,500 Motor Vehicle Commission surcharge

Penalties under the new DWI/DUI law for drug-related offenses:

First offense for DUI/DWI conviction (drug-related):

  • license suspension between 7 and 12 months
  • mandatory court fines
  • 12-hour class in the Intoxicated Driver Resource Center
  • $3,000 Motor Vehicle Commission surcharge

Second offense for DUI/DWI conviction (drug-related):

  • incarceration at the county jail for between 2 and 90 days
  • 30 days of community service
  • 1 to 2-year license suspension
  • mandatory court fines
  • 48-hour class in the Intoxicated Driver Resource Center
  • $3,000 Motor Vehicle Commission surcharge

Third offense for DUI/DWI conviction (drug-related):

  • incarceration at the county jail for 180 days, 90 of which can be served in an in-patient drug or alcohol program
  • 8-year license suspension
  • mandatory court fines
  • Intoxicated Driver Resource Center class as ordered by the Court
  • $4,500 Motor Vehicle Commission surcharge

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