First Offense DWI in New Jersey

The term used in New Jersey for operating a vehicle under the influence of alcohol or drugs is Driving While Intoxicated (DWI). Driving under the influence(DUI) is also used interchangeably in the legal system to describe the offense. New Jersey's statutes typically use DWI for an offense where a driver is operating a vehicle with a blood alcohol concentration(BAC) level beyond the legal limit.

New Jersey DWI offenses carry severe penalties based on the driver's age and BAC at the time of the arrest. These penalties may include fines, license suspensions, community service, mandatory attendance at rehabilitation programs, and jail time.

What Qualifies as a First DWI in New Jersey?

Under the New Jersey Revised Statutes § 39:4-50(a), a first-time DWI is a first offense of operating any motor vehicle with a BAC above the legal limit. The blood alcohol concentration limit is the amount of alcohol in the driver's blood that determines if they are considered intoxicated.

In New Jersey, the legal BAC limit for adults is 0.08%, and commercial drivers have a lower limit of 0.04%. There is a zero tolerance policy in New Jersey for underage drinking. Hence, any detectable amount of alcohol from 0.01% may lead to a DWI charge.

Law enforcement officers in New Jersey may use certain field sobriety and chemical tests to determine a driver's condition during traffic stops. The primary tests used are breath tests with a breathalyzer and field tests such as the walk-and-turn test, one-leg test, and the Horizontal Gaze Nystagmus. Field tests generally check a driver's coordination and balance and look for involuntary/erratic eye movement. Urine and blood tests are also used to confirm intoxication, as they are the most accurate tests.

Possible Penalties for a First Offense DWI in New Jersey

A first-time DWI in New Jersey is considered a Class B misdemeanor and carries several severe penalties for first-time offenders, including the following:

• Fines ranging from $250 to $500
• Jail time of up to 30 days in the county jail
• Hours/days of community service
• Compulsory installation and use of an Ignition Interlock device for about 3 to 15 months
• License suspension between 3 months and a year
• Mandatory attendance at classes at the Intoxicated Driver Resource Center(IDRC)
• Additional annual insurance surcharges of $1000 may be imposed on the driver for 3 years.

Do You Lose Your License for a First DWI in New Jersey?

A first-time DWI offender in New Jersey may lose their license, but only if convicted. The offender's BAC at the time of arrest determines the length of the license suspension. Suspension lengths may vary from 3 months to a year. If an ignition interlock device is ordered, the license may be suspended until the installation is complete. However, refusal to take a breath test at the arrest may lead to an immediate license suspension for 7 months to a year.

New Jersey does not offer restricted or hardship licenses for DWI offenders. If an offender's license is suspended, they may lose their driving privileges for a given time, even for medical visits or work reasons.

What Is the Implied Consent Law in New Jersey and How Does It Affect First DWI Cases?

New Jersey's Implied Consent Law, detailed in New Jersey Statute 39:4-50.2, mandates that by obtaining a New Jersey driver's license and using its roads, drivers implicitly consent to chemical testing, like blood, urine, or breathalyzer tests, if suspected of DWI. If a driver refuses these tests, their license may be automatically suspended for 7 months to a year. They may also receive fines and other penalties. A refusal may also count against the driver in court, as it may be seen as a consciousness or an admission of guilt.

Although drivers have the right to contest a refusal, the burden of proof to show a refusal was justified is always on the driver. The driver must show that the initial stop was unlawful or unnecessary, or that the officer had no reason or probable cause for the stop. Measures like the Implied Consent Law enable law enforcement to collect evidence immediately and encourage drivers to cooperate through severe and immediate penalties for refusals.

Is an Ignition Interlock Device Required for a First DWI Offense in New Jersey?

Drivers convicted of a DWI in New Jersey may be required to install an Ignition Interlock Device (IID). These devices prevent vehicles from starting up unless the driver uses the device to provide a breath sample lower than the BAC legal limit. These devices are mandatory for convicted offenders and may be ordered when a driver refuses a drug test. A certified expert in New Jersey must install and maintain iIDs, and the driver is responsible for all costs involved in renting the device, including installation, calibration, and removal.

These devices may be mandated for all convicted DWI offenders. It is sometimes used to give drivers with long license suspensions access to their driving rights. First-time offenders may be required to install the device for 6 months after their license suspension period.

Can a First DWI Be Dismissed or Reduced in New Jersey?

A first-time DWI offense may be reduced to a lesser charge or dismissed, but this process is never automatic. If the DWI case against the defendant is flawed or weak, a prosecutor may consider it. The defendant may be able to challenge the test, prove evidence was illegally collected, or that their rights were violated during the traffic stop. The DWI charge may be reduced to a lesser crime, such as reckless driving, if the defendant agrees to a plea bargain or negotiates with the prosecutors.

New Jersey offers DWI offenders placement in Pretrial Intervention (PTI) programs, which may lead to dismissal of charges upon successful completion. A PTI program generally involves a period of supervision that may include attending drug/alcohol rehabilitation programs, counselling, and hours of community service.

Long-Term Consequences of a First DWI

A first-time DWI conviction in New Jersey generally results in various long-term consequences. Apart from the sentence remaining on their record indefinitely, convicted offenders may experience increased insurance costs, yearly insurance surcharges, and suspended driving licenses for up to a year.

There may also potentially be limitations on employment chances, particularly if the job requires high responsibility, professional permits/licenses, or operating a vehicle. New Jersey's DWI laws may also affect the driver's ability to travel, especially if the driver caused a serious accident while intoxicated.

Do You Need a DWI Attorney in New Jersey?

Drivers accused of a DWI in New Jersey are generally advised to hire a DWI attorney as opposed to not having one. Attorneys are important as they may help clients navigate and understand the legal process and their choices. A skilled DWI attorney may negotiate with prosecutors and have charges reduced or dismissed. DWI attorneys may also be able to use New Jersey law to challenge evidence and make sure their client's rights are protected during and after the case.