Newark, NJ asked in DUI / DWI for New Jersey

Q: I was charged with a dui this week and i have a pending one from the summer - what am I looking at here?

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3 Lawyer Answers
Answered
  • DUI & DWI Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: On the first you are looking at up to 12 months suspension. Not likely that you will go to jail for that one. Though I know nothing about that case.

For the second offense, jail is a real possibility as well as a mandatory 2 year suspension. If you are a CDL license holder you will loose it for life. Some will say that you would not face jail until a third offense (when it becomes a mandatory 6 months). But the fact that you have a prior offense pending could be seen as an exacerbating instance.

All told you are facing 3 years without a license. Take this matter seriously as it can alter your life. Hire the best lawyer you can find.

Joseph F. Morgano agrees with this answer

PREMIUM
Answered
  • DUI & DWI Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: In general:

For the first offense you looking at up to 30 days in jail (rare for a first offense but possible) 3 to 12 months loss of license depending on your level of intoxication, 12 to 48 hours IRDC and various fines and penalties including possible installation of an ignition interlock device..

For the Second offense your looking at mandatory jail of 2 days and up to 90 days, 2 year loss of your license, 2 years loss of registration privileges, 48 hours IRDC, various fines and penalties including mandatory ignition interlock for 1 to 3 years and 30 days mandatory community service.

If you don't have a lawyer for either or both of these offenses you certainly need one. No Attorney can guarantee you a result and in all honestly the state will win most DWI charges. But a good lawyer can at least lower the penalties you face and give you the best possible chance of winning. Sure the cost for a good lawyer is expensive but generally a good lawyer will end up saving you more money then he or she will cost. This is because he will reduce the penalties, fines, surcharges and points on your license for the other tickets you probably received with your DWI, and also reduce the penalties for the DWI itself, thus in the end saving you money, rather than costing you money even if you lose. Therefore even if you lose you still win. Most of us DWI lawyers offer a free in office consultation, I suggest that you take advantage of one.

Joseph F. Morgano agrees with this answer

PREMIUM
Answered
  • DUI & DWI Lawyer
  • Shrewsbury, NJ
  • Licensed in New Jersey

A: Loss of License. If you are convicted of or you plead guilty to a DWI in New Jersey, the duration of loss of license can vary depending on certain factors. One factor is the BAC (breath alcohol content) level, if you have submitted to a breathalyzer test. If you're BAC level is .08 or higher, but less than .10, the duration of loss of license is three months. (For first offense only) If you you're BAC level is .10 or higher, the duration of the loss of license is seven months to one year. (First offense only) Another factor considered is whether you have prior DWI convictions. The duration of the loss of license for a Second offense is two years, and ten years for a third offense. There are other issues that can affect the duration of loss of license, and of course there are other penalties in addition to loss of license.

Fines. For a first offense, if your BAC (blood alcohol content) level is .08 or greater, but less than .10, the fine is a minimum of $250 up to $400. If it is a first offense and your BAC level is .10 or higher, then the fine is a minimum of $300 up to $500. For a second offense, the fine is a minimum of $500 up to $1000. If it is a third offense, the fine is $1000. The fines for a DWI in New Jersey are higher where the offense is committed within a school zone. (Within 1000 feet of a school). When the DWI offense was committed within a school zone, the fines are as follows: for a first offense, the fine is a minimum of $500 up to $800; for a second offense, the fine is a minimum of $1000 up to $2000; for a third offense, the fine is $2000. There may be other costs and penalties associated with DWI convictions, but the above fines are the statutory fines that will be imposed.

Jail-Time. If you are convicted of a DWI in New Jersey, you may face jail-time. For a first offense, jail-time is generally not imposed, however, the court has discretion to impose a jail sentence of up to 30 days. For a second offense, there is a mandatory jail sentence of 48 hours, and at the discretion of the court, can be up to 90 days. If a jail sentence is imposed for a first or second offense, the court may approve a release into a work release program. For a third offense, there is a mandatory jail sentence of 180 days. However, the court has discretion to reduce the jail sentence by the number of days spent in a drug or alcohol rehabilitation inpatient program, not exceeding 90 days. Additionally, there are enhanced jail sentences for a DWI conviction where the offense was committed within a school zone. (within 1000 feet of a school) The foregoing is a brief summary of the potential jail sentences associated with a DWI conviction in New Jersey.

H. Scott Aalsberg Esq. agrees with this answer

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