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Segalas Law Firm

The Segalas Law Firm - Matrimonial and Family Law Firm - Bergen, Essex, Morris and Passaic Counties, New Jersey

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    • Divorce & Family Law
      • Custody & Child Support
      • Domestic Violence
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Understanding DWI Penalties in New Jersey

Although most people know that they should never get behind the wheel after drinking, data shows that drivers often fail to follow the law. Statistics from 2020 reveal that 18.9% of survey respondents admit to driving while intoxicated at some level.

What you might not realize is that driving under the influence in New Jersey is taken quite seriously by law enforcement. Even first-time offenders face major penalties for drunk driving. To help you avoid these scenarios — and to show you that you absolutely need help from a DWI attorney if you’re arrested for drunk driving — let’s take a closer look at some of the penalties you could face for this crime.

Penalties For Driving Under the Influence in New Jersey

It’s important to note that New Jersey law prohibits the operation of a motor vehicle for any adult with a blood alcohol content (BAC) level of .08% or higher. For drivers under the age of 21, the threshold is 0.01% or higher. Don’t assume that just because it’s your first time being arrested for driving under the influence that you’ll get off with a slap on the wrist. As you’ll see below, the penalties for first-time offenders can be quite steep. Of course, if you’re found guilty of drunk driving multiple times, you could experience even more severe consequences. Below, we’ll break down the penalties.

First-Time DWI Penalties:

Typically, an adult driver with a BAC between 0.08% and 0.10% will experience license suspension for three months; license suspension can be extended to between seven months and one year if the first-time offender’s BAC is above 0.10%. However, recent changes to New Jersey law allow first-time offenders to have their licenses reinstated if they can prove they’ve installed an ignition interlock device in their vehicle and maintain it for anywhere from three months to one year.

First-time offenders with BAC levels above 0.15% will still have their licenses suspended for up to six months and will also be required to install an IID. Fines can range between $250 and $500, depending on BAC levels, as well as insurance surcharges.

First-time offenders are required to attend an Intoxicated Driver Resource Center (IDRC) program to complete 12 to 48 hours of education. Depending on the circumstances, first-time offenders could also spend up to 30 days in jail for driving under the influence.

Second DWI Penalties:

If you’re arrested for a DWI a second time, the penalties understandably become more serious, particularly if the second event takes place within a decade of the first arrest. Under those circumstances, your driver’s license will be suspended for up to two years. You could also face fines of $500 to $1,000 and be sentenced to jail time — anywhere from 48 hours to 90 days.

If arrested for a second DWI offense, you’ll also have to complete the IDRC program; this can be good news for some, however, because jail sentences may sometimes be completed through this program rather than in a county jail. That said, 30 days of community service may also be included in the list of penalties for second DWI offenses.

Third DWI Penalties:

While New Jersey laws have recently been amended to be a bit less harsh for some first-time and second offenders, the penalties associated with third and subsequent offenses remain largely the same as before.

It used to be that third-time offenders would have their licenses suspended for 10 years, but that penalty has now been reduced to eight years. However, you’ll face a mandatory $1,000 fine, a six-month mandatory jail sentence (of which no more than half can be served in an IDRC program), and up to 90 days of community service (which could count toward jail time).

In the end, the penalties you could face stemming from your DWI could largely depend on the circumstances of your specific case. But the reality is that even a first offense can have huge ramifications for your future. If you’ve found yourself facing a DWI charge, you need legal support to maximize your chances of a positive outcome. For more information on how we can help, please contact The Segalas Law firm today.

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CLIENT TESTIMONIALS

A true professional
September 29, 2018
A true professional, caring and compassionate - Steven handled a complicated emotional post-divorce matter for me with all of the expertise and grit you would expect from a top Family Law Attorney, but Steven also has a deep care and concern for his clients best interest as a whole long after the matter is settled that I am proud to say for anyone considering him for your matter you should meet him and see for yourself. I'm sure you will feel as confident as I did that he is a Top Choice Attorney.
- Anthony
Great Attorney
June 21, 2018
Steven Segalas truly cares for his clients. He is knowledgeable, kind and a great negotiator! Served as my attorney for a difficult child support case and handled challenges with ease. He’s the one to have on your side. Would highly recommend him.
- Luis
Great Attorney
February 13, 2018
He knows his business as an attorney and keeps you updated. He is not only an advocate in court but outside of it. I cannot recommend him enough.
- Anonymous
Professional and Supportive
July 17, 2015
I absolutely do not know where I would be without him. I went through a 3 year divorce where my ex-husband changed lawyers numerous times. Steven was on top of every single aspect of my case and was there for me every single step of the way, he even spent Valentine’s Day in mediation with me. In addition to handling the divorce, Steven also represented me in my Domestic Violence Case against my ex-husband and secured a FRO (formal restraining order). The trial revealed very personal, embarrassing and painful information. Steven was nothing but professional and supportive. If you are looking for an attorney, you will be in excellent hands with him. Even when you are at your worst, he will hand you a tissue and make you smile!
- Bonnie
Outstanding Family Law Attorney
March 27, 2015
Steven M. Segalas is an outstanding Family Law attorney. I have worked with Steven as an adversary on many cases. Steven is an expert on Family Law. He is always up to date on statutes, Rules of Court and case law which bears on the cases we have handled together. I respect Steven’s strong advocacy for his clients. Steven knows when to fight and when to compromise. This is the true sign of a great Family Law attorney.
- Faith
A Great Attorney
March 16, 2015
A great attorney handled my divorce. My divorce and subsequent child custody matters were quite involved. Mr. Segalas was thoughtful and helpful throughout the process. He employed some out of the box thinking that allowed me to continue to have healthcare for myself and my children during a very trying time in my life. I always felt protected in court. Mr. Segalas was always ready to respond to whatever allegation was made in my direction from opposing counsel. I was very happy with his service.
- Anonymous
Fast-precise-no BS
March 10, 2015
Steve worked his magic to saved me from the X….Saved me thousands! Fast-precise-no BS. I would use Steve without second thoughts knowing you will be in the best of care & guidance!
- Mark
Great Attorney
February 27, 2014
My attorney makes ME a priority. He always explains the legal divorce process in terms that I can understand; and he has the ability to answer all of my divorce questions. The office is well-staffed for the follow up. My attorney has a team of lawyers and legal assistants trained to guide me through the divorce process and fight for my best interests. My attorney always presents a clear plan which includes all steps of divorce, information I need to gather, and a fee schedule. My attorney raise other issues I had not thought of yet that could have significant ramifications for the short-term and long-term success of my divorce. I go with my attorney who addresses my fears and concerns; exudes confidence and feels like a good fit for me ????
- Mark
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DISCLAIMER

The material presented on this website is intended for general information purposes only and is not offered, nor should be construed, as legal advice on any specific matter or circumstance. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. You should consult an attorney for advice regarding your individual situation. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. This website constitutes Attorney Advertising.

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