Legal Question in DUI Law in New Jersey
Minimum sentence
Is there a minimum setence in NJ for a DUI conviction? If so, what is it?
2 Answers from Attorneys
Re: Minimum sentence
In New Jersey, yes there are minimum sentences for a conviction for Driving While Intoxicated (DWI/DUI). If this is a first conviction for DWI the minimum penalties are as follows:
(1)Blood Alcohol Content (BAC) between .08% but less than .10% the minmum fine is $250.00, a minimum of 12 hours confinement in the Intoxicated Drivers Resource Center (IDRC) and a three month loss of your driver's license.
(2) BAC of .10% or higher on a first offense: Minimum fine of $300.00, minimum of 12 hours confinement in the IDRC, and a minimum of seven months loss of driving priveleges.
(3) For a second conviction for DWI a minimum fine of $500.00, 30 days community service, minimum 48 hours imprisonment in the county jail, and a two year loss of driving priveleges.
(4) For a third or greater conviction of DWI, a fine of $1,000.00, 180 days (six months) imprisonment in the county jail, and a 10 year loss of driving priveleges.
There are also mandatory fines for various other government programs and funds that are imposed when a person is convicted of DWI, as well as additional monetary surcharges which are imposed by the Division of Motor Vehicles in addition to the fines from the court.
As you can see,the penalties for a DWI conviction are very serious. I am an attorney that has handled many DWI cases in various municipal courts in New Jersey. Please call me at 908-272-0111 if you would like to discuss this further. Thank you.
Re: Minimum sentence
For a first offender after January 22, 2004, where the breathalyzer reading is less than .10 the minimum license suspension is three months.
You can review the dwi penalties under traffic offenses on my website www.dwitrials.com.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933