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DWI PENALTIES CHART

Posted by the Hunter | 10:28 AM | 0 comments »

As promised in a previous DWI post, the following DWI Penalty chart provides an accused with an idea as to the penalties they are facing under N.J.S.A. 39:4-50. However, if you have a commercial driver's license (CDL) or have been charged with driving in a school zone, you should be advised that there are additional signifcant penalties and you should contact an attorney at once.

PENALTIES FOR DWI UNDER N.J.S.A. 39:4-50 as of 6/11/08

Does Not Include the Penalties for School Zone Offenses

DWI 39:4-50

Operate or Allowing

1st Offense Per Se Alcotest or Breathalyser Reading of  0.08% but  < 0.10% alcohol while operating or allowing operation

N.J.S.A. 39:4-50(a)(1)(i)

1st Offense Per Se Alcotest or Breathalyser Reading of 0.10 % alcohol or operating under the influence of drugs at any intoxicating level

N.J.S.A. 39:4-50 (a)(1)(ii)

2nd Offense Within 10 years of any previous violations of DWI  in NJ or any State in the U.S.A. 

N.J.S.A. 39:4-50(a)(2)

3rd or Subsequent Offense Within 10 years of of any previous violations of DWI  in NJ or any State in the U.S.A. 

N.J.S.A. 39:4-50

Fines

$250-$400

$300-$500

$500-$1000

$1000

Jail

Up to 30 days in jail at the discretion of the Judge

Up to 30 days in jail at the discretion of the Judge

From 2 to 90 days in jail

Jail for not less than 180 days; however, the Judge may reduce such term for each day served in an IDRC approved in-patient rehab center. However, you can only get a maximum 90 days of jail time credit this way

Driver's License Supended or Revoked

3 months driver's license suspension 

7months to 1 year driver's license suspension

2 year suspension of driver's license

10 year suspension of driver's license

Driver's License Suspened or Revoked Under 17 years old 

Suspension to run through 17th birthday & thereafter for 3 months

Suspension to run through 17th birthday & thereafter for 7 months to 1 year

Suspension to run through 17th birthday & thereafter two years

Suspension to run through 17th birthday & thereafter ten years

Other $ Penalties

VCCB $50

DDEF$100

SNSF $50

N.J.S.A. 39:4-50(i) $100

Other Mandatory penalties per N.J.S.A. 39:5-41

VCCB $50

DDEF$100

SNSF $50

N.J.S.A. 39:4-50(i) $100

Other Mandatory penalties per N.J.S.A. 39:5-41

VCCB $50

DDEF$100

SNSF $50

N.J.S.A. 39:4-50(i) $100

Other Mandatory penalties per N.J.S.A. 39:5-41

VCCB $50

DDEF$100

SNSF $50

N.J.S.A. 39:4-50(i) $100

Other Mandatory penalties per N.J.S.A. 39:5-41

Other Non $ Penalties

Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)

Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)

Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)

Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)

Community Service

No community service for a 1st . offense

No community service for a 1st. offense

Shall serve 30 days Community service

No community service for a 3rd or subsequent offense

Intoicated Drivers Resource Center

12 to 48 hours at IDRC & satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.

12 to 48 hours at IDRC & satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.

Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.

Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.

Ignition Interlock Device or Suspended Registration

Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than  6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense. 

Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than  6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense.

Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 2 years per N.J.S.A. 39:3-40.1.

Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 10 years per N.J.S.A. 39:3-40.1.

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Judge’s DUI case could be dropped

Posted by the Hunter | 2:26 AM | 0 comments »

DUI Prosecutors from the Illinois attorney general's office said Wednesday they will need to talk with the second officer involved in former Lake County Chief Judge David Hall's DUI arrest before deciding whether to continue prosecuting the case.Hall w...

San Diego DUI arrest

Posted by the Hunter | 3:04 AM | 0 comments »

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WHAT ARE THE PENALTIES FOR DWI?

Posted by the Hunter | 3:58 PM | 0 comments »

Being charged with and convicted of Driving While Intoxicated (either via alcohol or drugs) under N.J.S.A. 39:4-50 has serious consequences in New Jersey. There are both direct consequences and collateral consequences that arise from a conviction of DWI. This article will address the direct consequences (only), which can result in a jail term, a significant loss of your driver's license through suspension or revocation and high monetary penalties. With respect to the collateral consequences, an attorney should always be consulted. The penalties for DWI, vary upon the number of prior convictions for DWI that you may have and the location of the incident (i.e. increased penalties if the event happened near or on school grounds). In the coming days, I will be creating a chart that should provide you with an idea of the potential penalties that you face.

A Well Qualified DUI Attorney

Posted by the Hunter | 6:59 PM | , | 0 comments »

In DUI cases, it’s very important to get a DUI attorney with extensive knowledge in DUI laws. I found this true in my case when I had to hire a DUI attorney because of a drink-related driving incident. I’m a high school football coach and I usually have a very tiring training schedule during the week. The weekend was a welcome relief for me so I went out with my friends to relax.

I guess I had one too many drinks but I still managed to drive on my own afterwards. I carelessly drove at 60mph on the road and smashed head on into a blue Ford pick-up which was parked in an open lot. When the cops arrived, I already knew I was in trouble. I didn’t resist arrest and I immediately called up a friend who knew a DUI attorney.

The DUI attorney came the next day and explained the situation to me. Despite the bleakness of the circumstances, my attorney’s competent and efficient manner helped relieve some of my anxieties. He eventually managed to negotiate a probationary deal for me.

Having a DUI arrest is definitely an eye-opening experience. I don’t drink and drive anymore. I’ve learned my lesson and hopefully, you will learn from my mistake. Remember, should you ever be in a DUI predicament, call a DUI attorney and you will save yourself from a good deal of stress and trauma.

Reduced DUI Charges

Posted by the Hunter | 6:58 PM | , , | 0 comments »

I was pulled over by a cop for drunk driving recently and my DWI lawyer helped a lot in reducing the charges against me. I was coming from best friend’s bachelor party and had the usual round of drinks. On my way home, I lost control of my car and smashed it into a pavement. Two police officers came and gave me a breathalyzer test. After my positive result, I had no choice but to go with them to the station. The cop was actually kind enough to advise me to call a DWI lawyer once we get to the station.

Being arrested was the most embarrassing thing that has ever happened to me. I really felt like a criminal while people watched as I was being led to the police cruiser. It certainly was a humbling experience for me. When I got to the station, I called my girlfriend and told her about what happened. She insisted on finding a DWI lawyer for me.

Since I tested positive for a breath test, my DWI lawyer asked me if I would agree to a plea bargain. I agreed to it and it was a smart decision. My DWI lawyer managed to prevent another two days in jail and was able to get my license back. I still had to attend compulsory DUI seminars and pay for the damage. Looking back, it could have been worse if not for my lawyer’s efforts. So for people with DWI related problems, it doesn’t have to be a hopeless predicament. There’s still a time to change and to get in touch with a lawyer who will get you out of that mess.

Pro Bono DUI Lawyer

Posted by the Hunter | 6:56 PM | , | 0 comments »

I worked as a clerk in a local store and was barely making ends meet supporting my wife and two kids. During that time when I had a DUI incident. I had no idea where to find a DUI lawyer whose services I could afford on my meager salary since DUI lawyers aren’t cheap.

My DUI incident happened when a friend invited me to his place for a few drinks after work. While driving home, my hands were shaking and I was zigzagging on the road. My car swerved and almost hit a telephone pole. An officer came and made me walk in a straight line but I couldn’t do it. He read me my rights and I was sent off to the local county station. I had to call my wife and tell her I was in prison and she said she’d try to find a DUI lawyer who could help me.

My wife’s aunt recommended a pro bono lawyer who does DUI cases in Massachusetts and he agreed to take on my case. My DUI lawyer came almost 36 hours after I arrested. He told me that my only expenses would be for the fine I need to pay since. So far, I’m trying to put this all behind me although I will regret this terrible DUI incident for the rest of my life. If you ever are involved in a DUI incident, call a DUI lawyer as soon as possible so you can to avoid what I’ve been through.

MA DWI Laws

Posted by the Hunter | 6:53 PM | , , | 0 comments »

It never really occurred to me that I would get involved with MA DWI laws. I have lived in Massachusetts as long as I can remember and I never got into any problems with MA DWI driving laws until last month.

First off, I admit that it was really foolish of me to have drank too much, especially since I was driving that night. I felt that despite the drinks I was confident that I would never get caught because I was driving really carefully (or so I thought). Unfortunately, a police officer on a motorcycle noticed my slow driving and abrupt breaking. He got me to pull over and my sorry was instantly noticed. The officer brought me to a nearby station, where I was able to talk to an attorney. Because of my intoxication, I was charged with a MA DWI offense.

I was really scared because I never expected it to happen to me and I wasn’t aware of the MA DWI penalties that I can receive from breaking DWI laws. I called my parents and asked them to contact a DWI lawyer for me, and luckily, they found a good lawyer who told me the pros and cons of my situation. He told me that since it was my first offense, I could be imprisoned for not more than 2 1/2 years and my license be suspended for a year. I thought those penalties could really ruin my life! I could get fired from my job and my parents would completely disown me. Now that my case is pending, I swore to myself that if I ever win my case, I will never mess up with MA DWI laws again! I’m sharing my embarrassing story because I don’t want this to happen to you guys. Get an attorney immediately if ever you’re caught in this sort of situation.

Mass DWI Laws

Posted by the Hunter | 6:51 PM | , | 0 comments »

My Mass DUI experience happened a few years ago. I was coming from a boys’ night out and had had some shots, and too much tequila. While I was driving my Mustang in the suburbs in Massachusetts, the alcohol really hit me and I blacked out. The next thing I knew, my car’s headlights were pointed in front of a tree just around the block from where I lived. I could hear sirens and the Mass DUI patrol officers came and asked me if I was fine and to step out of the car.

The officer made me stand on one leg but I couldn’t balance and fell. I also failed the Mass DUI field breath test that was given to me. I was then taken into custody and I called up my best friend to help me out. Since it was already 2am, he wasn’t able to contact a DUI attorney immediately. My friend was at least able to bail me out.

I was able to meet with a DUI attorney that was referred to my friend. I pleaded guilty because of the positive test results of the sobriety and breath tests I took. My Mass DUI lawyer told me that my case would have had a better chance if I didn’t agree to the sobriety test. Mass DUI laws revoked my license for one month and my DUI verdict is now on my permanent record. I will never forgive myself for that one careless mistake. Should you be in a similar dilemma, call your lawyer. This can avert a much bigger damage with a DUI incident that could potentially ruin your life.