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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.

More Information About NJ DWI Penalties

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.

More Information About DWI’s, Our Thoughts and Strategies

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 Broad St
Freehold, NJ 07728
732-625-9660

How High Is Too High?

September 22, 2020 by Matthew Reisig

States that have legalized recreational use of marijuana are booming with tourists that are excited about being able to walk into a store and legally purchase weed. However, the debate around marijuana laws is still alive in many states, leaving these plant lovers in legality limbo.

With varying laws about marijuana, it’s hard to know the rules around how much you can buy, how much is legal to fly home with, and if it is legal to ship home or to a friend?

Let’s face it. When you’re high, the last thing you want are more reasons to feel paranoid. Keep reading to understand your marijuana how-to-travel guide so your mind can ponder less stressful matters like sativa or indica, if life insurance for marijuana smokers is a thing, or whatever happened to Taco Bell’s verde sauce.

The Legal Difference between THC and CBD

THC, also known as Tetrahydrocannabinol, is not the same thing as CBD, which is also known as Cannabidiol. The difference between the traveling regulations placed on THC and CBD is largely due to the effects that each has on the body.

Both have medicinal qualities, but THC is the component in cannabis that creates that “high” feeling while the consumption of CBD is more similar to the calming effects of a cigarette.

Because of this difference, when it comes to CBD, you aren’t facing many restrictions other than being sure that the CBD you’re traveling with has 0.3% of THC or less. In 2018, the Farm Bill was passed which removed hemp from the Controlled Substances Act.

With this, hemp can be legally grown and manufactured for CBD products for sale to the national public. So having CBD in federally run places like the airport is completely legal.

Marijuana in Airports

Though the Farm Bill was a great step forward, traveling with marijuana products is still very much in the grey. The TSA is not looking to bust people for carrying marijuana; however, in the majority of states, carrying more than an ounce of THC infused products is against federal drug trafficking laws.

You are not likely to be arrested for possession or any other drug-related charges if small amounts are found on your person in the airport, but fines and other forms of repercussions would be issued to you if authorities are notified.

You can, however, arrive at an airport under the influence of marijuana in the states where recreational use is legal. But if you are under enough influence to cause a disruption, you will likely face legal consequences.

Current laws concerning marijuana in airports leave a few gaps. Although airports are city-owned, airports are run federally so even in states where cannabis use is legal, any amount you have on your person is considered illegal the moment you are given a boarding pass.

If you ever find yourself reaching into your pocket or bag and discovering that joint you misplaced, don’t get scared or feel the need to turn yourself in. Airports now have anonymous drop bins where you can dispose of any extra cannabis items from your person without having to face any legal punishment.

Marijuana in Cars

Once within a state where recreational use of cannabis is legalized, it is completely legal to travel in a vehicle with no more than the set max amount that is legally allowed to purchase within that state.

In the state of California, the legal carry amount of cannabis and THC infused products is up to one ounce or 8 grams of cannabis concentrates, (such as wax), for adults age 21 or older.

For reference, here is a list of that amount in common weed products:

57.5 gram pre-rolled joints
16 vapor pen cartridges (500 milligrams of THC per cartridge)
80 standard gummy packs of 10 (each gummy = 10 grams of THC or less)
40 pot brownies (200 milligrams per square)
32 pot cookies (250 milligrams per cookie)

Note that these examples are per the state of California’s regulations, and if you are planning a vacation to a state where recreational use is legal, you should research the exact laws of that state to be safe and secure in your choices when purchasing cannabis.

It is also important to remember that in all states where cannabis has been legalized, cannabis products are legal to have in the car, but you should be sure that you are not under cannabis influence while operating a vehicle.

Marijuana on Boats

Just like with flying, the best thing to do is to research the policies of not only the place you’re going, but also to ask the company that’s taking you what their policies are regarding marijauana product use while on board.

With that being said, know that the state laws of wherever you embark don’t always carry over to seas. That means that even if you’ve bought from a dispensary that’s a mile from the port, federally marijauana is still illegal and will be considered so once the board leaves the dock.

When it comes to traveling with cannabis on a boat or a cruise, the best practice is to only partake during stops where cannabis use is legal.

If you are found with illegal substances such as marijuana while on a cruise, you will likely be charged according to wherever your next port is. This could bring you large fines, and though unlikely, possible jail time in a foreign country.

Always remember that due to the technicalities of bringing cannabis on board, you are truly doing so at your own risk.

Use Marijuana Products Wisely

Even though some of these things may feel restrictive, and you may be tempted to offer law enforcers to take a hit of your vape pen, you can relax and look at the bright side.

In addition to more laws being passed to decriminalize marijuana, the overall attitude towards the substance and its various uses is becoming generally more relaxed. Enjoy the physical and mental health benefits of marijuana without worrying so much about negative ramifications.

Danielle Beck-Hunter writes and researchers for the insurance comparison site, QuickQuote.com

Be Careful if You Move Out of State for a Fresh Start After a DWI

March 23, 2020 by Matthew Reisig

Lots of people decide that a change of scenery and a fresh start is the right way to move forward after a run-in with police over something like a DWI. In many cases, they’re exactly right, but there’s one quirk of the law that you should keep in mind if you’re looking to turn a corner in a new state.

An example currently in the news is the case of Brennan Clancy, a Pennsylvania resident who decided to set up shop in Florida after his third DUI conviction in Northampton County in 2013.

He moved to Daytona Beach, started working in construction, fell in love, and welcomed a baby into the world with his fiance. But when the family went to rent an apartment in 2017, Clancy learned that in the eyes of the state of Florida, his Pennsylvania misdemeanor was actually a felony. It turns out that when you move jurisdictions while you’re still on probation or parole, the new state’s laws govern, and in Florida, a third DUI is a felony.

Clancy has been fighting to create more transparency for people like himself, as they try to improve their lives. While he took a pro se case to the 11th Circuit Court of Appeals and lost, he’s followed up with a petition to the Supreme Court to ask that the justices look at a 2008 3rd Circuit ruling that said that the disparate treatment on display in cases like his violates the equal protection provision of the 14th Amendment.

The Supreme Court hears only a tiny fraction of the cases that are presented to it every year, and Clancy’s petition is probably a long shot, but it highlights a scenario that New Jersey residents in particular should be aware of. Because DWI is a traffic violation in our state, rather than a criminal matter, relocating to another jurisdiction could have big consequences for you.

If you’re dealing with the aftermath of a New Jersey DWI, 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.

Stranded Motorist Actually Drunk, According to Bridgewater Police

March 20, 2020 by Matthew Reisig

When Bridgewater police received reports of a disabled vehicle on Route 202/206 around 10:50 p.m. on February 6, they responded right away. Breakdowns happen, and protecting both the stranded motorist and other traffic in the area is a top priority.

But when they arrived on the scene, they found that Sandra Koller, 44, hadn’t blown a tire or run out of gas. Instead, they say, she was intoxicated.

After investigation at the scene, Koller has been charged with DWI, careless driving, failure to report a crash, and possession of an open container of alcohol in a motor vehicle. After processing, she was released with a court date in her future.

DWI charges can cause you enormous hardship. Don’t gamble with your future. 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

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

More Information About NJ DWI Penalties

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

More Information About DWI’s, Our Thoughts and Strategies

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

How High Is Too High?

The Legal Difference between THC and CBD

Marijuana in Airports

Marijuana in Cars

Marijuana on Boats

Use Marijuana Products Wisely

Be Careful if You Move Out of State for a Fresh Start After a DWI

Stranded Motorist Actually Drunk, According to Bridgewater Police

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