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1st DWI in New Jersey

As of January 1, 2020, New Jersey has updated its laws concerning first-offense DWIs. The updated law breaks the penalties for DWIs down into three categories: DWI with a BAC between 0.08%-0.10%, DWI with a BAC between 0.10%-0.15%, and DWI with a BAC above 0.15%. The penalties for each of those first-offense DWIs are as follows:


BAC Between 0.08%-0.10%


You will lose your license until you install the ignition interlock device in your vehicle, at your own cost. Once you do, you will have to use the ignition interlock device for up to three months.


  • A fine between $250-$400

  • You may face a 30-day jail sentence

  • Up to $33 in court costs

  • $75 fine towards the Safe Neighborhood Fund

  • A $125 DWI surcharge

  • A $100 Drunk Driving Enforcement Fund Surcharge

  • $50 to New Jersey’s Victims of Crime Compensation Office

  • Between 12 and 48 hours in the Intoxicated Driver Resource Center


BAC Between 0.10%-0.15%


  • A fine between $300-$500

  • You will lose your license until you install the ignition interlock device in your vehicle, at your own cost. Once you install the IID, you will have to use it for between seven months and one year.

  • Between 12 and 48 hours in the Intoxicated Driver Resource Center

  • Up to 30 days of jail time

  • A $125 DWI Surcharge

  • A $100 Drunk Driving Enforcement Fund Surcharge

  • Up to $33 in court costs

  • $75 to the Safe Neighborhood Fund

  • $50 to New Jersey’s Victims of Crime Compensation Office


BAC Higher Than 0.15%


If you are arrested with a blood alcohol content of 0.15% or higher and this is your first-offense DWI, you will most likely lose your license for anywhere between four and six months, face high fines, and you will have to install and use the ignition interlock device in your vehicle during the period of license forfeiture, as well as between 9-15 months after your license is restored.


How to Get a DUI Dismissed


The police must provide an appropriate basis for the stop. In order for the stop to be considered appropriate, the officer must have reasonable suspicion that there was a motor vehicle infraction or that the driver was intoxicated. The State must prove operation that you were, in fact, operating the vehicle. The State must demonstrate that the arresting officer had probable cause to believe that you were intoxicated. This will rely on the Standard Field Sobriety Test. In order to have your charged dismissed from probable cause you need an attorney that is well versed in testing used and their procedures. Reliable Chemical Evidence. Your Blood Alcohol Concentration is required to prove that you were intoxicated. This is done using a breathalyzer or urine analysis. However, these machines and tests can be often proved to be incorrect in many different ways.


If you have been arrested for Driving Under the Influence you need an attorney that understand all the complexities of DUI litigation. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently work with you to prepare quality legal strategies to get you the best possible outcome. Contact us today.

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