DUI Law in New Jersey
What is a DUI?
Are you facing a costly DUI in New Jersey?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a New Jersey DUI Conviction
Where you live, the severity of the incident and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a New Jersey law firm on your side to fight for you and your rights.
Here are some of the possible high costs and common punishments you may experience if convicted following a DUI arrest.
Paying Fines
If convicted of driving under the influence of alcohol or drugs in New Jersey, you can count on fines being a part of your sentencing. New Jersey law sets the minimum fine for a DUI at $250. A third DUI offense can take that fine up to $1,000. However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
The fines you owe following a conviction can range from a few hundred dollars to thousands of dollars, depending on your case. Will you face costly jail time?
Jail Time
In several states, jail time is mandatory, even for first-time offenders. If this is your first DUI offense, you may only have to face a day or two in jail. But if you have previous convictions for DUIs, you can receive a sentence of several months to over a year in prison. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
The first time that you’re pulled over with a BAC (Blood Alcohol Content) above .08%, you may spend up to 30 days in prison. In addition to potentially paying a $400 fine, and having a surcharge added to your insurance for three years. A third offense brings the most severe penalties possible in New Jersey. You may face a fine of $1,000, an eight-year suspension of your license, and two years with an ignition interlocking device installed in your vehicle. The New Jersey Division of Highway Traffic Safety provides a brochure that outlines even more fees you may have to pay as the result of a DUI conviction.
Probation
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
The terms of your parole mean that you have to report for regular visits with a probation officer. Parole can also require that you submit to drug tests and complete other court-mandated activities. In addition, community service, maintaining employment, and curfews may apply to the conditions of your release. If you’re caught violating your probation, an officer will file a Violation of Parole with the court and you will have to attend a hearing or a judge will issue a warrant for your arrest.
Drug and Alcohol Education Program
Following a New Jersey DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program before reinstating your license.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in New Jersey?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With New Jersey DUI Law
Immediately following your DUI arrest, you need to contact an experienced New Jersey DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your State’s DUI Laws
Each state, including New Jersey, has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
In , time is critical if you want to request a DMV hearing to avoid license suspension before your court appearance. Failing to act promptly means your license will be suspended. You or your attorney should file the hearing request immediately after your arrest.
Following a DUI arrest, the DMV will mail you a suspension notice with the effective suspension date. You must request a hearing within ten days of the date on that letter to challenge the revocation. Missing this deadline will result in your license being suspended as scheduled.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your court appearance and arraignment. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in New Jersey
Should you ever find yourself charged with a DUI, you need to work with an experienced New Jersey lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you in New Jersey today. We can even help you connect with legal help across New Jersey state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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