Revised Penalties for First Time DUI & DWI Offenders

On August 23, 2019, Governor Phil Murphy signed S824 (https://www.njleg.state.nj.us/2018/Bills/S1000/824_R1.PDF) into law, which instituted sweeping reform of New Jersey’s Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) laws. The most dramatic changes included the implementation of mandatory Interlock Ignition Devices (IID) and the reduction of mandatory license suspensions.

Governor Murphy released the following statement in support of the revised laws:

Expanding the use of ignition interlock devices is just common sense…We must deter drunk driving without negatively impacting individuals’ ability to take care of themselves or their families. License suspensions are an imperfect tool for accomplishing both aims, as they do not stop drunk drivers from getting behind the wheel and they can prevent ex-offenders from supporting their livelihoods. In contrast, ignition interlock devices prevent drunk driving while allowing ex-offenders to support themselves and their families.

New Jersey has finally joined other states that have carved out a “work” exception to license suspensions for DUI & DWI convictions. While the new penalties lessen the effect of license suspension on a person’s economic well-being in that first-time offenders now face less disruption in their day-to-day lives, the penalties still impose substantial hardships.

Similar to previous laws, the penalties’ harshness is contingent upon the offender’s Blood Alcohol Content (BAC).

For a first time DWI or DUI offender, a New Jersey Municipal Court may impose the following penalties:

BAC 0.08% to less than 0.10%

Fine = $250 to $400

Intoxicated Drivers Resource Center = 12 to 48 Hours

Up to 30 days imprisonment

License Suspension until installation, at owner’s cost, of IID for a term of 3 Months

BAC 0.10% to less than 0.15%

Fine = $300 to $500

Intoxicated Drivers Resource Center = 12 to 48 Hours

Up to 30 days imprisonment

License suspension until installation, at owner’s cost, of IID for a term of 7 to 12 months.

BAC 0.15% or Higher

Fine = $300 to $500

Intoxicated Drivers Resource Center = 12 to 48 Hours

Up to 30 Days imprisonment

Licenses Suspension of 4 to 6 Months after installation, at owner’s cost, of IID and then continued use of IID for 9 to 15 months after license suspension.

Despite the strict statutory mandates, Municipal Court Judges maintain discretion in shaping penalties. It is imperative that you retain an experienced criminal defense team to protect your rights and to advocate for the most favorable resolution of your DUI or DWI charges.

Contact Karpus Law today to discuss your DUI or DWI options.