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What Are The Penalties For Underage DUI In New Jersey?

September 17, 2023 by Matthew Reisig

Driving under the influence (DWI) is a serious offense at any age. However, for those under the legal drinking age of 21, New Jersey law has even stricter regulations and penalties. These regulations aim to deter underage drinking and driving, protect the community, and address the particular vulnerabilities of young drivers.

Understanding New Jersey’s Zero Tolerance Policy

New Jersey employs a “zero tolerance” policy when it comes to underage DWI. Unlike the general population, where the blood alcohol concentration (BAC) limit is 0.08%, those under 21 are held to a standard of just 0.01% BAC. This means even consuming a minimal amount of alcohol could lead to DWI charges for an underage individual.

Specific Penalties for Underage DWI in New Jersey

License Suspension: Upon conviction, the juvenile’s driver’s license will be suspended for 30 to 90 days. If the individual is too young to possess a license, the suspension will take effect once they’re eligible to drive.
Community Service: The convicted individual will be mandated to perform 15 to 30 days of community service. This is both a punitive measure and a means to educate the offender about the potential consequences of their actions.
Participation in an Alcohol Education and Highway Safety Program: This program, managed by the Intoxicated Driver Resource Center, aims to highlight the dangers of drinking and driving, helping the offender recognize the risks and make better choices in the future.

Implications for the Convicted Juvenile

Permanent Record: A DWI conviction will remain on the juvenile’s driving record permanently. This could be a significant setback when applying for jobs, especially those requiring a clean driving record or background check.
Insurance Implications: A DWI conviction will inevitably lead to increased car insurance premiums. Some insurance providers may even refuse coverage for someone with such a conviction.
Educational Setbacks: Some educational institutions, especially colleges and universities, require applicants to disclose any criminal convictions, which can affect admissions decisions.
Loss of Employment Opportunities: As mentioned, many employers conduct background checks. A DWI conviction, especially at a young age, might suggest irresponsibility and poor decision-making to potential employers.

The Psychological Impact Of A DWI

Beyond the legal and financial ramifications, the psychological toll on the juvenile should not be overlooked. The shame, regret, and stigma associated with a DWI conviction can be overwhelming, leading to lowered self-esteem, strained relationships, and even mental health challenges.

Professional Help Will Be Needed

New Jersey’s stringent measures against underage DWI emphasize the state’s commitment to ensuring the safety of its roadways and the well-being of its youngest citizens. For juveniles, the implications of a DWI conviction go far beyond legal penalties. It affects their personal, professional, and psychological lives.

For those under 21, understanding the severe repercussions of underage DWI is crucial. While peer pressure and the allure of youthful rebellion might tempt some, the potential consequences are undeniably steep. Prevention, education, and wise decision-making remain the best strategies to ensure a safe and promising future for New Jersey’s youth.

An experienced DUI/DWI attorney in New Jersey can make a big difference in your case.

Call Matthew Reisig today at 732-625-9660 and speak to an experienced New Jersey DWI attorney for free.

Reisig Criminal Defense & DWI Law, LLC
1 Broad St
Freehold, NJ 07728
732-625-9660

More Info On Juvenile/Underage/Minor DWI Arrests & Convictions

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Can You Help My Teenager Who Was Charged With DWI In New Jersey?
Do You Represent Underage Drivers With DWIs In New Jersey?
What’s The Blood Alcohol Limit For Underage Drivers In New Jersey?
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Can I Drive To And From School After A DUI Conviction In New Jersey?

August 22, 2023 by Matthew Reisig

If you or someone you know has been convicted of an Underage DWI (Driving While Intoxicated) in our beautiful Garden State. It’s a tough spot to be in, and the road ahead might seem a bit unclear. One of the most pressing questions you might have is, “Can I still drive to school?”

Let’s dive into this topic and shed some light on the matter.

Understanding New Jersey’s DWI Laws

First things first, New Jersey doesn’t mess around when it comes to DWI offenses. The state has stringent laws in place to ensure that our roads remain safe for everyone. If you’re convicted of a DWI, you’re likely facing fines, mandatory education programs, and yes, a suspension of your driving privileges.

The Driving Suspension Dilemma

Now, here’s where things get tricky. When your license is suspended due to a DWI conviction, it means you’re not legally allowed to drive. Period. This includes driving to work, running errands, and yes, driving to school.

But wait, there’s a bit more to it.

Special Work Licenses: The Exception?

Some states offer what’s known as a “hardship” or “work” license. This type of license allows individuals with a suspended license to drive to essential places, like work or school. It sounds like a great solution, right?

However, here’s the kicker: New Jersey doesn’t offer these types of licenses. If you’re convicted of a DWI in New Jersey, there’s no special provision that allows you to drive to school or work. It’s a hard pill to swallow, but it’s the reality of the situation.

The Ripple Effect on Students

For students, especially those in college or vocational programs, this can be a significant setback. Not being able to drive might mean relying on public transportation, carpooling, or even walking. It can also mean adjusting your schedule, waking up earlier, and potentially missing out on extracurricular activities or part-time jobs.

It’s not just about the inconvenience. There’s also the stigma attached to a DWI conviction. Being a student with a DWI can feel isolating. It’s essential to remember that everyone makes mistakes. What’s crucial is how you learn and grow from them.

Looking Ahead: What Can You Do?

If you’re facing a DWI conviction and are worried about getting to school, here are a few steps you can take:

Know the Length of Your Suspension: DWI suspensions can vary in length. Understand how long yours is and plan accordingly.
Explore Alternative Transportation: Look into public transportation options, consider biking, or see if you can carpool with a friend.
Stay Informed: Laws can change. While New Jersey doesn’t currently offer hardship licenses, it’s always good to stay updated on any legal changes.
Seek Legal Counsel: If you haven’t already, consult with a DWI attorney. They can provide guidance, answer questions, and help you navigate the complexities of your situation.

Get Professional Help For A Juvenile DWI in NJ

A DWI conviction in New Jersey has serious consequences, especially when it comes to your driving privileges. While the current laws don’t allow for exceptions for driving to school, it’s essential to stay informed, explore alternatives, and seek support when needed.

Remember, mistakes happen. It’s how we respond and grow from them that truly defines us. Stay safe, New Jersey!

If you need to keep driving to get to school, work, or just to retain your freedom, work with an experienced New Jersey DUI attorney.

Matthew Reisig has helped more than 1,000 New Jersey drivers beat DUI charges and keep their licenses.

Call 732-625-9660 for a free consultation with an experienced New Jersey DUI defense attorney.

Reisig Criminal Defense & DWI Law, LLC
1 Broad St
Freehold, NJ 07728
732-625-9660

More Info On Juvenile/Underage/Minor DWI Arrests & Convictions

What Are The Penalties For Underage DUI In New Jersey?
Can My Kid Go To Jail For An Underage DUI In New Jersey?
What Is “Baby DUI” In New Jersey?
Can An Underage Driver Be Charged As An Adult For DUI In New Jersey?
How Many Years Until My Insurance Rates Normalize If I’m Convicted Of DUI As An Underage Driver In New Jersey?
Can You Help My Teenager Who Was Charged With DWI In New Jersey?
Do You Represent Underage Drivers With DWIs In New Jersey?
What’s The Blood Alcohol Limit For Underage Drivers In New Jersey?
What Happens To Drivers Who Are Under 21 When They Get A DUI In New Jersey?
What Are The Penalties For DWI For A 19-year-old In New Jersey?
What Is Underage DWI In New Jersey?

In New Jersey, Can You Receive Jail Time For A 2nd DUI Offense?

August 15, 2023 by Matthew Reisig

Driving under the influence (DUI) is a grave offense with severe repercussions. While many states in the U.S. have stringent DUI laws, New Jersey in particular takes a tough stance against repeat offenders. If you’ve already faced a DUI charge in the state, a second offense can bring about even harsher consequences. One of the significant concerns many have is: can you face jail time for a 2nd DUI offense in New Jersey? The short answer is yes, but let’s delve deeper into the details.

Understanding New Jersey’s DUI Laws

In the state of New Jersey, driving under the influence is not taken lightly. New Jersey views a DUI not merely as a traffic violation but as a criminal offense, especially for repeat offenders. The state has established strict guidelines for those convicted of multiple DUIs, aiming to deter recurrent offenses and protect other road users.

Jail Time for a 2nd DUI Offense

While first-time DUI offenders might escape with a fine, license suspension, and mandatory participation in intoxicated driver programs, second-time offenders aren’t often as fortunate. For those convicted of a 2nd DUI offense within ten years of the first, New Jersey law stipulates mandatory jail time.

Specifically, a 2nd DUI offender in New Jersey can expect:

A mandatory jail sentence of 48 hours to 90 days. This is a significant jump from the potential discretionary jail time that might be given to first-time offenders.
A monetary fine ranging from $500 to $1,000, in addition to other fees and surcharges.
Suspension of driving privileges for two years.
Mandatory 30 days of community service.
Installation of an ignition interlock device for one to three years after license restoration.

The Importance of Legal Representation

Given the severe repercussions, it’s essential for anyone facing a 2nd DUI charge in New Jersey to seek legal representation. An experienced attorney can scrutinize the specifics of the arrest, question the accuracy of breathalyzer results or field sobriety tests, and might be able to reduce penalties or even have charges dismissed.

The Bigger Picture: The Impact of a 2nd DUI Conviction

Beyond the immediate legal penalties, a 2nd DUI conviction in New Jersey can have long-lasting effects on an individual’s life. This includes potential employment challenges, increased insurance rates, personal reputation damages, and potential strains in personal relationships.

Additionally, with each subsequent DUI offense, the penalties become even more stringent. A third DUI offense, for instance, carries a 180-day jail term, a ten-year license suspension, and even higher fines.

Conclusion

The message is clear: New Jersey has little tolerance for repeat DUI offenders. While a first offense might lead to significant fines and inconvenience, a second offense has direct, severe consequences, including mandatory jail time. This approach underscores the state’s commitment to ensuring the safety of its roads and residents.

If you or someone you know faces a 2nd DUI charge in New Jersey, it’s crucial to understand the gravity of the situation and seek appropriate legal counsel. The implications of a second conviction are life-altering, emphasizing the critical importance of responsible driving and understanding the state’s DUI laws. Remember, it’s always better to call a cab, use a ride-sharing service, or have a designated driver than to take a risk that can reshape your future.

If you or someone you know have questions regarding a DUI charge or the possible legal proceedings due to that incident, contact Reisig Criminal & DWI Defense Lawyers at 732-625-9660. They can help you navigate the difficult legal waters.

Reisig Criminal Defense & DWI Law, LLC
1 Broad St
Freehold, NJ 07728
732-625-9660

Is There Jail Time On A First DWI In New Jersey?

August 10, 2023 by Matthew Reisig

For many, a drive home after having a few drinks with friends doesn’t seem like a big deal. The belief is often, “I’ve only had a couple, I’ll be fine.” But if caught driving while intoxicated (DWI), the consequences can be severe, even if it’s your first offense. One question that often pops up in the minds of New Jersey residents is, “Will I go to jail for a first-time DWI conviction?”

To begin with, it’s essential to understand what DWI means. In New Jersey, you can be charged with DWI if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (see the complete NJ.gov DWI page).

This is the legal limit in many states across the U.S., and New Jersey is no exception. It’s a strict threshold, and even a few drinks could put you over the limit, depending on various factors such as your body weight, how quickly you drank, and whether you’ve eaten.

So, let’s delve into the penalties for a first-time DWI conviction in New Jersey.

The Consequences of a First-time DWI Conviction in New Jersey:

Fines: First-time offenders can expect to pay fines ranging from $250 to $400 if their BAC is between 0.08% and 0.10%. If the BAC is 0.10% or higher, the fines can increase to between $300 and $500.
Other Financial Implications: There are other potential financial burdens as well. These can include fees to the Intoxicated Driver Resource Center, a Motor Vehicle Commission surcharge, and an alcohol education and rehabilitation fund fee, among others.
License Suspension: If convicted, you could face a license suspension. For BACs between 0.08% and 0.10%, it’s typically a three-month suspension. If your BAC is above 0.10%, the suspension could be for 7 to 12 months.
Intoxicated Driver Resource Center (IDRC): Those convicted are required to spend time at an IDRC. This involves detainment for 12-48 hours during two consecutive days for six hours each day. Here, you’ll undergo an alcohol and highway safety education program.
Ignition Interlock Requirement: New Jersey law mandates that first-time offenders install an ignition interlock device in their vehicle. This device requires the driver to blow into it to determine BAC levels before the vehicle will start. If your BAC was between 0.08% and 0.10%, the device must remain in your car for three months. If your BAC was higher, the device stays on for 7 to 12 months.
Insurance Implications: A DWI conviction is likely to lead to increased auto insurance premiums. Insurance companies see DWI offenders as high-risk drivers, which can significantly hike up your rates.

Now, to the most pressing concern: jail time. The law does allow for jail time even for first-time DWI offenders. However, it’s worth noting that while imprisonment for up to 30 days is possible, it is not always mandatory. The decision rests in the hands of the judge overseeing the case.

They will consider various factors, including the specifics of the offense, the driver’s BAC, whether anyone was hurt, and other circumstances surrounding the event. In many first-time offense cases, judges may opt for penalties other than jail, but the threat of incarceration remains real.

The implications of a DWI conviction are vast and can have long-lasting effects on one’s life beyond legal penalties. The social stigma, potential employment consequences, and the personal burden of having a criminal record should not be underestimated.

In conclusion, while jail time is possible for a first-time DWI conviction in New Jersey, it’s one of many potential consequences faced by offenders. It’s crucial to understand that driving while intoxicated is not only a risk to oneself but also a danger to others on the road.

If you or someone you know faces a DWI charge, seeking legal counsel is essential to understand your rights and potential defenses. Always remember that the safest choice is never to drink and drive. Opt for designated drivers, taxis, or rideshare services, which ensure both your safety and that of others on the road.

If you are experiencing difficulties with a DWI case and would like some legal advice, call New Jersey DWI Attorney Matthew Reisig at 732-625-9660 for answers to your questions.

Reisig Criminal Defense & DWI Law, LLC
1 Broad St
Freehold, NJ 07728
732-625-9660

Will You Have A Criminal Record If Convicted Of DWI In New Jersey?

August 4, 2023 by Matthew Reisig

In New Jersey, if you’re convicted of a Driving While Intoxicated (DWI) offense, it’s a serious situation. You may be wondering if this will leave you with a criminal record. The answer is not as straightforward as you might think. Technically, in the state of New Jersey, a DWI is not considered a criminal offense but rather a traffic violation. Therefore, if you are convicted of a DWI, you won’t have a “criminal record” in the traditional sense.

Let’s take a moment to unpack this. When we refer to a “criminal record,” we’re generally talking about a record of a person’s previous criminal convictions. These are typically crimes like theft, assault, or drug offenses that are prosecuted in a criminal court. A criminal record can make it hard to get a job, rent an apartment, or even get a loan.

In contrast, a DWI in New Jersey falls under the category of traffic offenses. Traffic offenses include things like speeding, running a red light, or yes, driving while intoxicated. These violations are usually handled by traffic courts rather than criminal courts.

But don’t be fooled into thinking that just because a DWI isn’t considered a criminal offense in New Jersey, it doesn’t have serious repercussions. It does, and they can be far-reaching.

So, what exactly happens if you’re convicted of a DWI in New Jersey? While you won’t have a criminal record, you’ll have a mark on your driving record, which is kept by the New Jersey Motor Vehicle Commission (MVC). This mark on your driving record is a bit like a scarlet letter that follows you around. It can affect many aspects of your life, from your driving privileges to your insurance rates. So let’s look a little closer at the penalties for DWI in NJ.

Firstly, your driving privileges can be suspended. Suspension periods can vary from 3 months to several years, depending on factors like your blood alcohol concentration (BAC) at the time of the offense and whether it’s your first or a subsequent offense. Once you’ve served the suspension period, there are several steps, including attending mandatory alcohol education programs and paying hefty fines, you need to take to restore your driving privileges.

Then there’s the issue of car insurance. After a DWI, you may see your car insurance premiums skyrocket. Insurance companies view those with DWI convictions as high-risk drivers, which translates into higher insurance costs.

Furthermore, if you’re applying for jobs, especially ones that involve driving, your DWI could pose a problem. Many employers perform background checks, which typically include checking an applicant’s driving record. A DWI conviction might make them think twice about hiring you.

Even though you might not have a “criminal record” after a DWI conviction in New Jersey, the consequences can be long-lasting and far-reaching. The fine, the potential suspension of your driver’s license, the hikes in your car insurance rates, and the negative impact on job applications can all combine to make life very difficult.

It’s also important to note that just because a DWI isn’t considered a “criminal offense” in New Jersey, it doesn’t make it any less serious.

If you’ve been arrested for DWI in NJ, fighting a DWI with Reisig Law can save you money for years to come, and keep all doors open to you professionally.

Call us today at 732-625-9660 and talk to an attorney for free.

Should I Rely On A Public Defender or Hire An Attorney After An Arrest in NJ For DWI?

June 5, 2023 by Matthew Reisig

Whether you should rely on a public defender or hire a private attorney after an arrest for DWI in New Jersey depends on several factors.

Here are some points to consider:

Financial Resources: If you cannot afford to hire a private attorney, you may be eligible for a public defender. Public defenders are provided by the state to individuals who meet specific income requirements. If you qualify, a public defender can represent you at no cost or for a reduced fee.
Caseload and Individual Attention: Public defenders often have heavy caseloads due to the high demand for their services. This can limit the amount of individual attention and time they can dedicate to each case. Private attorneys, on the other hand, typically have fewer cases, allowing them to provide more personalized attention to your specific situation.
Experience and Expertise: While public defenders are qualified attorneys, they may not specialize exclusively in DWI defense. Private attorneys who focus on DWI cases often have extensive experience and knowledge in this specific area of the law. Their specialization can potentially lead to better outcomes in your case.
Resources and Investigative Support: Private attorneys may have access to more resources, such as investigators and expert witnesses, which can be beneficial in building a strong defense strategy. Public defenders might have limited access to such resources due to budget constraints.
Personal Preference: Ultimately, the decision to rely on a public defender or hire a private attorney comes down to your personal preference. Some individuals prefer the peace of mind that comes with having a private attorney who can provide dedicated attention and tailored advice throughout the legal process.

It’s essential to weigh these factors and consider your specific circumstances when making a decision. Consulting with both a public defender (if eligible) and a private attorney through initial consultations can provide you with a better understanding of the options available to you and help you make an informed decision.

If you’re dealing with a DWI arrest in New Jersey, get the legal help you need to move forward with your life. Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense attorney.

Reisig Criminal Defense & DWI Law, LLC

1,402 Of My Clients = NO DWI!*

NJ DWI Defense

As seen on

What Are The Penalties For Underage DUI In New Jersey?

Understanding New Jersey’s Zero Tolerance Policy

Specific Penalties for Underage DWI in New Jersey

Implications for the Convicted Juvenile

The Psychological Impact Of A DWI

Professional Help Will Be Needed

More Info On Juvenile/Underage/Minor DWI Arrests & Convictions

Can I Drive To And From School After A DUI Conviction In New Jersey?

Understanding New Jersey’s DWI Laws

The Driving Suspension Dilemma

Special Work Licenses: The Exception?

The Ripple Effect on Students

Looking Ahead: What Can You Do?

Get Professional Help For A Juvenile DWI in NJ

More Info On Juvenile/Underage/Minor DWI Arrests & Convictions

In New Jersey, Can You Receive Jail Time For A 2nd DUI Offense?

Is There Jail Time On A First DWI In New Jersey?

Will You Have A Criminal Record If Convicted Of DWI In New Jersey?

Should I Rely On A Public Defender or Hire An Attorney After An Arrest in NJ For DWI?

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