DUI Penalties in Freehold, NJ
Learn What is at Stake if You are Facing a DwI Charge in Freehold
If you are convicted of DUI in New Jersey, you can face numerous penalties with the potential to impact all aspects of your daily life. New Jersey’s DUI penalties increase for repeat offenders, and various other factors (such as driving under the influence in a school zone or with a BAC of 0.10 percent or greater) can result in enhanced penalties for a DUI conviction in Freehold, NJ as well.
The standard penalties for DUI convictions in New Jersey are as follows:
Fines
All DUI convictions carry fines in New Jersey. These fines are in addition to various other costs and fees. The fines that can be imposed for DUI offenses in New Jersey include:
- First Offense (BAC below 0.10 percent) – $250 to 400
- First Offense (BAC of 0.10 percent or higher) - $300 to $500
- Second Offense – $$500 to $1,000
- Third or Subsequent Offense – $1,000
State-Imposed Surcharges
If you are convicted of driving under the influence in New Jersey, you can be required to pay a state-imposed insurance surcharge each year for three years:
- First Offense – $1,000 per year for three years
- Second Offense – $1,000 per year for three years
- Third or Subsequent Offense – $1,500 per year for three years
Driver’s License Suspension
DUI convictions carry mandatory driver’s license suspensions in New Jersey. If you are convicted of DUI, your license can be suspended for:
- First Offense (BAC below 0.10 percent) – Three months
- First Offense (BAC of 0.10 percent or higher) – Seven to 12 months
- Second Offense – Two years
- Third or Subsequent Offense – 10 years
- Commercial Driver’s License (CDL) – One year for a first offense as CDL holder, permanent revocation for second offense
Jail Time
If you are convicted of DUI in New Jersey, the judge can sentence you to jail. Incarceration for a first-time offense is subject to the judge’s discretion, while New Jersey law imposes minimum periods of incarceration for second and subsequent offenses:
- First Offense – Up to 30 days in the judge’s discretion
- Second Offense – 48 hours to 90 days
- Third or Subsequent Offense – 180 days (subject to reduction for inpatient treatment)
Ignition Interlock Device (IID)
An ignition interlock device (IID) is an electronic device that requires you to blow a BAC below the legal limit before you will be able to start your car, truck or SUV. The possible IID sentences for DUI convictions in New Jersey are:
- First Offense – Six to 12 months following restoration of driving privileges
- Second Offense – Six to 12 months following restoration of driving privileges
- Third or Subsequent Offense – One to three years following restoration of driving privileges (or revocation of all vehicle registrations and plates)
Intoxicated Driver’s Resource Center (IDRC)
Drivers convicted of DUI in New Jersey can also be required to undergo training, screening and evaluation at one of the state’s Intoxicated Driver’s Resource Centers (IRDC):
- First Offense – 12 to 48 hours at an IDRC
- Second Offense – Requirement to satisfy all screening, evaluation and referral requirements established by an IDRC
- Third or Subsequent Offense – Requirement to satisfy all screening, evaluation and referral requirements established by an IDRC
Our Freehold DWI Lawyer Explains Breath Test Refusals
Are you required to submit to a breath test if the police pull you over on suspicion of DUI? In New Jersey, the answer is “Yes,” as long as your traffic stop is lawful and the arresting officer follows the necessary procedures for administering the breathalyzer.
What happens if you refused? Under New Jersey’s implied consent law, if you refused a breath test during your traffic stop, you can face a “refusal” charge in addition to being charged with DUI. Since this is a separate charge, you can be convicted of refusal even if you were not driving under the influence at the time of your arrest.
Standard Penalties for Breath Test Refusals in Freehold, NJ
Similar to the penalties for DUI, the penalties for violating New Jersey’s implied consent law vary depending upon whether you are facing charges for a first, second, or third or subsequent offense:
First Offense
- Driver’s License Suspension– Seven to 12 months
- Financial Penalties– $300 to $500 in fines plus $275 in fees
- State-Imposed Surcharge– $1,000 per year for three years
- Intoxicated Driving Resource Center (IDRC) – Minimum of 12 hours at an IRDC
- IDRC Fee– $230 per day
Second Offense
- Driver’s License Suspension– 24 months
- Financial Penalties – $500 to $1,000 in fines plus $275 in fees
- State-Imposed Surcharge– $1,000 per year for three years
- Intoxicated Driving Resource Center (IDRC) – Minimum of 12 hours at an IDRC
- IDRC Fee– $230 per day
Third or Subsequent Offense
- Driver’s License Suspension– 10 to 20 years
- Financial Penalties – $1,000 fine plus $275 in fees
- State-Imposed Surcharge– $1,500 per year for three years
- Intoxicated Driving Resource Center (IDRC) – Minimum of 12 hours at an IDRC
- IDRC Fee– $230 per day
Enhanced Penalties for Breath Test Refusals in School Zones
If you have been charged with refusing a breath test in a school zone, you are facing enhanced penalties (the same is true for your DUI). These penalties are:
First Offense
- Driver’s License Suspension – One to two years
- Fines - $600 to $1,000
Second Offense
- Driver’s License Suspension – Four years
- Fines - $1,000 to $2,000
Third or Subsequent Offense
- Driver’s License Suspension – 20 years
- Fines - $2,000
Defenses to Breath Test Refusals
While every case is unique, there are a number of potential defenses to breath test refusal charges in New Jersey. Depending upon the facts of your case, our attorneys may be able to assert defenses including:
- Failure to inform you of your rights under New Jersey’s implied consent law
- Inability to submit to a breath test
- Lack of probable cause to make an arrest
- Lack of reasonable belief that you were operating your vehicle under the influence of alcohol
- No “operation” of a motor vehicle
Did You Refuse a Breath Test in Freehold?
If you refused a breath test during a DUI traffic stop in Freehold, it is important that you discuss your case with an attorney as soon as possible.
Speak With an Experienced Freehold DWI Lawyer
For more information about the penalties you are facing and the defenses you may have available, we encourage you to contact us promptly. To schedule a consultation with an experienced DUI defense attorney in Freehold, NJ, please call 1-877-435-6371 or inquire online now.
