1. Will a driver go to jail if he is convicted of DWI jail?

On a first time DWI offense most drivers will not be sentenced to jail. If the driver has a high BAC reading, then the judge may impose some community service, and impose a stiffer fine. On second or later offenses, the chances of receiving a jail term increase significantly. However, an experienced lawyer can usually find a way to keep a driver out of jail for a second DWI offense. Most of the time, the judge will not sentence the driver to jail for a second offense. The court will make the driver come to the court on numerous days and watch the proceedings. Each day in court will constitute as one day in jail.

On a third DWI offense a driver must be sentenced to a 180 day term in jail. A driver must serve 90 days of the 180 term in the county jail. The remaining 90 days can be served in a rehab facility.

2. How many hours of alcohol classes will I have to take at the IRDC Program?

The IRDC program typically lasts at least 12 hours, usually two 6 hour sessions.

3. What will happen to a driver if he does not complete the IRDC classes, or if he does not complete any community service as imposed by the judge?

If a driver does not complete the IRDC, then the DMV will not renew the applicant’s license. If a driver does not complete community service, then the court could issue a bench warrant for him, and also suspend his license.

4. If a driver loses their New Jersey license can he obtain a license in another state?

In most cases unfortunately the answer is no. Most of the states have reciprocal agreements with the State of New Jersey. Once the home state of a driver finds out about the New Jersey DWI suspension, then that state will also impose their own suspension. Moreover, in most states before anyone is issued a license, they are asked if any of their driver’s license is suspended. A driver will commit fraud if they lie and make misrepresentations on the application.

5. Can a driver use an international driver’s license to drive in New Jersey, even if he is suspended in New Jersey for DWI.

Once a driver is suspended in New Jersey, he cannot drive in New Jersey even if he has a valid international driver’s license, or even if he has a valid license from another state. Most police officers are really skeptical when they are handed international drivers’ license. Most international driver's licenses are fraudulent. Therefore, a driver should be careful when they try to use international drivers’ licenses. These types of licenses can create more problems than they solve.

6. What are the sentences for DWI in New Jersey?

For the first offense DWI, the fines range between $250 and $400. A driver must attend alcohol awareness classes at the Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours. A driver must pay $100 for the IDRC program. A driver must also pay a $50 Violent Crimes Compensation Board (VCCB) penalty, and a $75 Safe Neighborhood Fund Assessment. A driver can be sentenced to up to 30 days in jail. A driver will also lose his license in New Jersey for 7 months to one year.

For a second violation, the fines range from $500 to $1,000. A driver must perform community service for a period of 30 days. A driver must attend alcohol awareness classes at the IDRC for 12 to 48 hours. A driver must pay $100 for the IDRC program. A driver must also pay a $50 VCCB penalty, and a $75 Safe Neighborhood Fund Assessment. A driver will be sentenced to jail for a term 48 hours to 90 days. A driver will lose privilege to drive in New Jersey for 2 years.

For a third or subsequent violation, a driver will be fined $1,000. A driver must attend alcohol awareness classes at the IDRC for 12 to 48 hours. A driver must pay $100 for the IDRC program. A driver must also pay a $50 VCCB penalty, and a $75 Safe Neighborhood Fund Assessment. A driver will be sentenced to jail for a term of 180 days.  However, 90 days of the jail sentence can be served by performing community service. A driver will lose his driving privileges in New Jersey for 10 years on a third DWI offense.

7. Can a driver refuse a police officer’s demand that he take a breath test?

A driver cannot refuse to take a breath test. A driver automatically consents to a breath test when he drivers on the roads in the State of New Jersey. According the New Jersey State Statute, “Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood."

8. What are the penalties for refusing to take a breath test?

A driver will be fined between $250 and $500 for any offense. A first offense carries a six-month license suspension. A second offense carries a two-year suspension. A third offense carries a ten year suspension. Convictions for similar offenses in other jurisdictions count as prior offenses.

9. What if a driver is convicted of both DWI and for a Refusal to take a breath test?

A driver will be sentenced for both convictions, and his suspensions and potential jail time will be consecutive. In plainer terms, the penalties will be doubled. In many situations, an experienced attorney will be able to have both the DWI and the Refusal conviction to be serviced concurrently, or at the same time. However, if the driver forces the court to have a trial, and if the readings are high, then a court almost always will give the driver a year suspension, seven months for the DWI, and seven months for the Refusal.

10. What happens if a driver is convicted of DWI while driving within 1,000 feet of school property, including a school crossing zone?

The fines for DWI in a school zone have recently been made much more severe. Basically, if a driver is convicted of DWI in a school zone, then the fines are basically double. For a first offense, the driver will be fined from $500 to $800. The driver will be sentenced to jail for up to 60 days. Your driver's license will be suspended for a period of one to two years.

For a second offense, a driver will be fined $1,000 to $2,000. A driver must perform community service for a period of 60 days. A drive will be sentenced to jail for 96 hours to 180 days. The court may lower the jail term for each day, not exceeding 90 days. A defendant’s driver's license will be suspended for four years.

For a third offense, a drive will be fined $2,000. A driver will be sentenced to 180 days in jail. A defendant’s driving privileges will be suspended for a period of twenty years. The period of license suspension begins after you have completed any prison sentence imposed upon you. It is not a defense that you were unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. It is also not a defense that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

11. What happens if a driver is  convicted of Refusal to take the breath test and if he was driving within 1,000 feet of school property, including a school crossing zone?

A driver will be fined between $500 and $1,000. For a first offense, your license will be suspended for one year; four years for a second offense; and, 20 years for a third or subsequent offense. Any license suspension begins after you have completed any prison sentence imposed.

12. What happens if a driver is on the suspended or revoked list at the time that he was stopped for DWI?

The driver will receive the enhanced sentencing penalties. Upon the conviction the driver will be fined an additional $500, and the defendant’s driver’s license will be suspended for an additional period of one to two years; and the driver will be sentenced to jail for not less than 10 days or more than 90 days.

13. If a driver has a driver's license in another state, will he lose his driving privileges in his home state as well?

In most states, they also have a reciprocal agreement with New Jersey to impose driver's license suspensions for DWI. Most states will suspend their own citizen’s driver’s licenses, once they receive notice from New Jersey of the DWI conviction. There may be a gap time before New Jersey notifies the home state of the DWI defendant. However, eventually the home state will find out, and in most cases, the home state will impose their own suspension.

14. How can a DWI driver avoid jail time if he is convicted?

In most cases a municipal court judge does not want to sentence a DWI driver to jail if he is convicted. In many counties the local county jails have community service programs that can be served in lieu of jail terms. In Northern Jersey, the counties of Union and Essex have SLAP programs. These programs permit the driver to serve his time by performing community service instead of jail time.

In Ocean and Somerset Counties a convicted DWI driver can serve his time on the weekends, and he can be released during the week. In Middlesex County, the county jail will permit the driver to be released during the day and go to work. However, at night the driver must return to the jail.

In the Monmouth County Jail they have a wristlet program. The convicted DWI driver will have to wear a wristlet monitoring bracelet. The driver will be subject to home confinement. During the day, the driver has to go the county jail and perform community service.

In Middlesex County a convicted DWI driver can serve his time by performing community service. The driver will have to make this application to the court. If accepted the driver will have to report to the Middlesex County jail on weekends for work duty.

15. If a driver was convicted of DWI or DUI in another state, does that count as a prior conviction for the current NJ DWI charge?

In most cases yes. If the out of state DWI conviction was based exclusively upon a violation of a proscribed blood alcohol concentration of .08% or greater, then it will be used for an enhanced sentence in New Jersey.

16. If a defendant’s driving privileges are suspended or revoked at the time of his DWI, how much more of an additional period of suspension will he receive?

Any additional suspension imposed in the current DWI matter will begin on the date of the termination of the existing revocation or suspension period.

17. If a driver has a prior conviction for DWI that is more than 10 years old can it be used by the court at sentencing?

In most cases, DWI convictions that are more than 10 years old cannot be used by the municipal court judge at the sentencing hearing of a DWI driver. If the second offense occurs more than 10 years after the first offense, then the court will treat the second conviction as a first offense for sentencing purposes, and if a third offense occurs more than 10 years after the second offense, the court will treat the third conviction as a second offense for sentencing purposes.

18. Can the IRDC make a driver take additional classes or order additional counseling?

A driver is not always finished with his IRDC requirements after he has taken the one or two days worth of classes. If the IRDC officer believes that the driver needs more classes, counseling, or treatment, then the officer can order same. As part of your sentence, you have to satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the Director of the Division of Motor Vehicles.

19. What happens if a driver does not comply with the IDRC classes or with the additional recommendations for counseling?

The municipal court will sentence the driver to a mandatory, two-day term of imprisonment in the county jail. Moreover, a driver will not be able to get his driver's license until he completes any and all  IRDC requirements.

20. What if a driver is under 21 are the DWI laws more harsh?

If a young driver has a blood alcohol concentration of .08% or more, but less than .08%, then the driver will forfeit his right to operate a motor vehicle in New Jersey. Moreover, the driver is prohibited from obtaining a license to operate a motor vehicle in New Jersey for 30 to 90 days beginning on the date you become eligible to obtain a license or on the day of conviction, whichever is later. The driver must perform community service for a period of not less than 15 or more than 30 days. You have to satisfy the program and fee requirements of the IDRC. These penalties are in addition to the penalties which the court may impose under the DWI and criminal laws.

21. What are the surcharges for a driver if he is convicted of DWI?

A driver will receive a $1,000 a year surcharge for three years if he is convicted of a DWI.

22. How long must a driver wait before he can get a trial?

Pursuant to the AOC, a driver must be able to receive his DWI trial within 120 days after being arrested.

23. Can a court issue a convicted DWI driver a temporary license only to be used for work?

No. There are no conditional licenses in New Jersey, even if the driver is only going to drive to work.

24. What if a police officer does not appear for trial, can I win the case by default?

In most cases, the court will adjourn the case if the police officer does not show up for a DWI trial. A good defense lawyer will then ask the court that the next court session be a “try or dismiss.” This means that at the next court date, the case will be dismissed if the police officer does not appear.

25. How can a driver get home after he is convicted for a DWI?

Most judges will issue a convicted DWI driver a one hour temporary license to drive home.

26. What can a driver do to maximize his chances to win his DWI case?

A driver can maximize his chances to win his DWI case if he has his lawyer hire a qualified expert on DWI and on the breathalyzer and alcotest machines. DWI is a highly technical and scientific area of the law. Unless there is an improper search, the primary manner to contest a DWI is by attacking the breathalyzer and the alcotest machines. In many cases, it is impossible to win a DWI case without retaining an expert in this area.