Drunk Driving Defense Laws in New Jersey

Getting stopped for a DUI in New Jersey can be stressful. New Jersey has implied consent laws in place for those suspected of driving while intoxicated. This means that if you want to drive on the highways in New Jersey, it is implied that you consent to chemical testing to determine the level of alcohol in your system in the event an officer suspects you may have been driving under the influence.

Understanding how your state handles drunk driving arrests can help you find a knowledgeable New Jersey DUI defense attorney to help resolve your case.

New Jersey Drunk Driving Laws

New Jersey’s drunk driving law states that a person may be charged with a DWI if they operate a vehicle or permit someone else to operate a vehicle:

  • While under the influence of liquor or drugs
  • With a BAC of .08% or more

Implied Consent: Yes

Enhanced Penalties: BAC of .10% or more; previous convictions within the past 10 years; driving with a child in the vehicle, an accident causing serious injury or death;

Typically, a first-time offender in New Jersey faces a can receive penalties including:

  • A fine of not less than $250-$400
  • Up to 30 days imprisonment
  • 6-month license suspension
  • Installing an ignition interlock device (IID)
  • Two consecutive days minimum of Intoxicated Driver Resource Center classes
  • Auto insurance surcharge of $1,000 for three years

A second-time offender in New Jersey can receive the following penalties:

  • A fine of not less than $500 nor more than $1,000,
  • Community service for 30 days
  • Imprisonment for a term of not less than 48 consecutive hours and no more than 90 days
  • Driver’s license suspension of up to 2 years

third-time offender in New Jersey can receive the following penalties:

  • A fine of up to $1,000
  • Imprisonment for not less than 180 days in a county jail or workhouse.

Driving Under the Influence in New Jersey

Garden State authorities recognize that drunk drivers may have unaddressed substance abuse issues. The state uses a mandatory screening evaluation and stays of 12 to 48 hours at one of the Intoxicated Driving Resource Centers located around the state.

Since so much is at stake when a driver is arrested for DUI, it is recommended that drivers find a New Jersey DUI defense attorney to represent them in court. Criminal defense attorneys can also help advocate for you to get reduced penalties if you negotiate pleading guilty to a lesser charge.

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