Q: i got DWI yesterday in roselle nj. It's my first offense ever. I'm a tourist from London. What is the best I should do?
Yesterday I was pulled over by a cop in roselle nj. Taken to 2 police stations to do breath test. I live in England im just visiting here so I only have english driver license. Breath test showed 0.14 or 0.16 I believe. It is my first time ever I was stopped by a police officer here. What should I do? Lawyers are extremely expensive. I Can't afford it. Should I play guilty or not? What's the best and worst scenario? What should I do? I was surprised that fingerprints and pictures were not taken at the police station which I'm not sure if that makes a dofference or not.
A:
DWI Fines and Penalties in NJ Updated by Kenneth Vercammen Esq. Edison, NJ www.njlaws.com
A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the influence through officer observation or other evidence.
First Offense - BAC 0.08% but less than 0.10% or no reading
• 3 months driving privilege suspension
• $250-$400 fine
• 12-48 hours at intoxicated driver resource center (IDRC) • Maximum 30 days imprisonment
$230 IDRC fee
$100 to drunk driving fund
$100 to AERF
$75 to Neighborhood Services Fund
plus court costs
First Offense - BAC 0.10% or higher
• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12-48 hours IDRC
• 30 days maximum imprisonment*
$230 IDRC fee
$100 to drunk driving fund
$100 to AERF
$75 to Neighborhood Services Fund
plus court costs
Car Interlock Machine: First Offense, DWI w/BAC level below 0.15% or no reading, Court may impose
• 6 months – 1-year installation of interlock device after restoration of driving privileges
First Offense, DUI w/BAC level 0.15% or above and 1st refusal convictions, Court shall impose
• installation of interlock device required during the term of suspension and
• 6 months - 1 year installation of interlock device after restoration of driving privileges
In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:
• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period.
Plus 9 points on your car insurance
Second Offense DWI
• 2 years driving privilege suspension • $500-$1,000 fine
• 30 days community service
• 12-48 hours IDRC
• 48 hours - 90 days imprisonment*
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
Installation of interlock device after restoration of driving privileges
$75 to Neighborhood Services Fund Plus 9 points on your car insurance
Third Offense
• 10 years driving privilege suspension
• $1,000 fine
• 90 days maximum community service
• 12-48 hours IDRC • 180 days imprisonment*
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Plus 9 points on your car insurance
Refusal of Breath Test:
First Offense
• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12 hours minimum IDRC, plus most other penalties as first offense dwi
Second Offense
• 2 years driving privilege suspension •$500-$1,000fine •12hoursminimumIDRC , plus most other penalties as first offense DWI
Third and Subsequent Offenses
• 10 years driving privilege suspension
• $1,000 fine • 12 hours minimum IDRC , plus most other penalties as first offense dwi except no jail
DUI in School Zone or School Crossing
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