DWI is a serious offense in New Jersey & Pennsylvania. The Court  must  impose significant license suspensions,  fines, surcharges, Intoxicated Driver Resource Center participation and in certain cases, jail and community service.  The Division of Motor Vehicles must also impose a mandatory insurance surcharge from $3,000 to $3,500. Frequently, automobile insurance is also cancelled which can only be repurchased at the highest rates. A permanent record of the DWI conviction is also entered on the Drivers Abstract maintained by the New Jersey Division of Motor Vehicles. No “ work license”  is available during the period of suspension and penalties for operation while suspended for DWI require mandatory jail  and additional license suspension.  Penalties differ depending  upon whether the offense is a first, second or subsequent offense.

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DRUNK DRIVING

Under New Jersey law, a person who operates a motor vehicle, or permits another person to operate a motor vehicle owned by him with a blood alcohol concentration of 0.10 percent or more by weight of alcohol in the operator's blood is subject to a fine or imprisonment and to the forfeiture of his right to operate a motor vehicle.

The penalties for being convicted of driving under the influence of alcohol are as follows:

FIRST OFFENSE

Fine of not less than two hundred and fifty dollars nor more than four hundred dollars and a period of detainment of not less than twelve hours nor more than forty-eight hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under the statute and, in the discretion of the court, a term of imprisonment of not more than thirty days.

SECOND OFFENSE

Fine of not less than five hundred dollars nor more than one thousand dollars, and must be ordered by the court to perform community service for a period of thirty days, which must be of such form and on such terms as the court deems appropriate under the circumstances and he must be sentenced to imprisonment for a term of not less than forty-eight consecutive hours, which can not be suspended or served on probation, nor more than ninety days.

THIRD OR SUBSEQUENT OFFENSE

Fine of one thousand dollars and must be sentenced to imprisonment for a term of not less than one hundred and eighty days, except that the court may lower such term for each day, not exceeding ninety days, served performing community service in such form and on such terms as the court deems appropriate under the circumstances.

ADDITIONAL PENALTIES

When a violation of this section occurs while:
(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of not less than four years; and, for a third offense, be fined $2,000, imprisoned for 180 days and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person. 

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