Punishments for DUI/DWI in Bergen County
The DUI lawyers of the Law Offices of Benjamin G. Kelsen, Esq., LLC outline the punishments for DUI in Bergen County for first, second, and third offenses.
Every state across America has determined that it's a crime for someone to operate a vehicle while under the influence of drugs or alcohol, which is defined by a blood alcohol concentration (BAC) of .08% or more.
DUI/DWI Laws in New Jersey
In New Jersey, you can be convicted of DUI/DWI if the prosecution can prove beyond a reasonable doubt that:
- You were operating a vehicle with a BAC of .08% or higher (as measured by a blood test or breathalyzer).
- You were observed operating a vehicle erratically and demonstrating other indicators of intoxication like slurred speech and unsteadiness.
- You were driving under the influence of drugs (other than alcohol) as verified by blood or urine tests and visual observation of unusual behavior.
If you're stopped by a police officer and suspected of being intoxicated, the officer may ask you to perform a series of "field sobriety tests" designed to help determine your level of intoxication. The officer also may ask you to submit to a breathalyzer or blood test.
Today, all states across the country have instituted "implied consent" laws that require drivers to take some type of blood, breath or urine test to determine sobriety if you're suspected of DUI/DWI. The consent is usually tied to the issuance of your driver's license. It's important to understand that if you refuse to submit to a test, you may immediately lose your license for a period of time and incur other penalties that will be reflected in your drunk driving conviction.
The penalties for drunk driving are severe, even with the first offense. New Jersey has adopted a combination of jail time, fines and fees and license suspension that escalates according to the number of offenses you have accumulated.
Bergen County DUI First Offense
First offense with BAC of at least .08% and under .10%:
- A fine of $250 - $400.
- Incarceration of not less than twelve hours and not more than 48 hours at the Intoxicated Driver Resource Center (IDRC). Additional jail time may be determined by the court.
- Loss of driver's license for three months.
- Other fines, fees and surcharges totaling more than $700.
First offense with BAC of .10% or more:
- A fine of $300 - $500.
- Incarceration of not less than twelve hours or more than 48 hours at the IDRC. Additional jail time may be determined by the court.
- Loss of driver's license for seven months to one year.
- Placement of an ignition interlock device for six months to one year after return of license if determined by the court.
- Other fines, fees and surcharges totaling more than $700.
Bergen County DUI Second Offense
Second DUI/DWI offense:
- A fine of $500 - $1,000.
- Thirty days of community service.
- Incarceration for not less than 48 hours and not more than 90 days.
- Loss of driver's license for two years.
- A New Jersey Motor Vehicle Commission (MVC) surcharge of $1,000 per year for three years.
- Placement of an ignition interlock device for one to three years after return of license or revocation of auto registration for two years.
- Other fines, fees and surcharges totaling more than $700.
Bergen County DUI Third Offense
Third (and additional) DUI/DWI offense:
- A fine of $1,000.
- Imprisonment for not less than 180 days.
- Loss of driver's license for ten years.
- A New Jersey MVC surcharge of $1,000 per year for three years; increased to $1,500 per year if the arrest occurred within three years of the previous conviction.
- Placement of an ignition interlock device for one to three years after return of license or revocation of auto registration for ten years.
- Other fines, fees and surcharges totaling more than $700.
Refusing to pay your fines and surcharges will lead to indefinite suspension of your driving privileges and MVC issuance of liens against your property and garnishment of wages.
