In New Jersey, DWI or Driving While Intoxicated and DUI or Driving Under the Influence are not differentiated yet punishment vary case to case.
Depending on the severity of charges, the person can lose the driving license for three months up to ten years if charged and found guilty for DUI and fine and surcharges are imposed accordingly. As per the New Jersey Criminal Law, the severity of DUI cases in this state is judged by the Blood Alcohol Concentration tests.
BAC for New Jersey DUI/DWI cases:
The punishment for DUI/DWI cases in New Jersey are judged based on BAC and also the past offenses of the person charged. In New Jersey, the threshold level for BAC is 0.08%. The Blood Alcohol Concentration is categorized into two. The first category is where BAC is less than 0.10% and more than 0.08%. The second category if where BAC is greater than 0.10%. DWI cases in New Jersey are categorized as traffic offenses but very strict legal consequences have to be faced by the person who is found guilty of DWI/DUI.
1st Time DUI Penalties:
If the person is charged with DUI for the first time in New Jersey and BAC is lower than 0.10%, then New Jersey Criminal Law has the following punishments court-imposed penalties-
Taking away of driving license for three months, imprisonment of 12 hours up to 30 days, payment of fine amount from $200 to $400, to give $1000 as the surcharge for automobile insurance for consecutive three years, any other surcharges or fees, ignition interlock system for a period of 6 – 12 months, assessment for alcohol or other substance abuse, surrender of driving privileges for at least 7 months up to maximum of 1 year, fine ranging between $300 to $ 500 and other additional penalties if applicable. If a person is convicted with DUI and BAC of more than 0.10% is found then fines are higher and suspension of license happens for longer time period.
DUI Conviction within School Zone:
If the convicted is found guilty of DWI while the person is driving within a school zone, there is additional fine amount to be paid which starts from $500 and is up to $800. Imprisonment period increases by another 60 days and suspension of license can be extended for another 1 to 2 years. First time offenders have to pay many associated surcharges when convicted under DUI and incase surcharges are not paid, suspension of license may happen for an indefinite period. In that case MVC or Motor Vehicle Commission may do a claim file in Superior court to get lien against the property of the offender.
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