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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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

 

 

Attorney For Fighting NJ DUI Case With Multiple Drivers

Hoboken Police, responding to a call about multiple car crashes involving parked cars, found a pair of women who had allegedly been alternating driving chores in a small-scale drunk driving spree. Inside the car, officers found 23-year-old Janelle Green, a New Jersey resident, behind the wheel and 24-year-old Jamila Banks, a resident of Alexandria, Virginia, in the passenger seat.

According to the two women, Banks had been driving the car but hit two parked cars as she went. Perhaps recognizing that she shouldn’t be driving, she turned the wheel over to Green. Unfortunately, Green was also allegedly intoxicated at the time, and she went on to strike at least two more parked vehicles.

Hiring A DUI Lawyer To Fight New Jersey Drunk Driving Charges

Both women were taken into custody and charged with DWI in a school zone. Looking at the bright side, no one was injured in the incident, including Green and Banks, but both will have a fight on their hands to push back on this novel DWI story.

If you’ve been arrested for DWI in New Jersey, an experienced DWI defense attorney can make a big difference for you. Call Matthew Reisig today at 732-378-9272 for a free consultation with an experienced New Jersey drunk driving defense attorney.

A New Jersey snowplow driver with a history of DWIs made headlines in January when he crashed a Department of Transportation-owned snow removal vehicle into two cars along Route 23 in Pequannock.

Police determined that the driver, Roger Attieh, 36, a resident of Boonton, had a blood alcohol level that was nine times over the limit of .04% that’s allowed for those who hold commercial driver’s licenses.

It was not Attieh’s first, or even second, DWI.

In fact, this incident represents the fourth DWI that Attieh has been charged with, and his record includes earlier incidents from 2002 and 2007.

Because of multiple DUI convictions, he was forced to wait ten years before applying for and receiving a commercial driver’s license in 2017, and then he picked up his third DWI arrest in Denville during the month of December.

Surprisingly, state agencies appear to have complied with all federal and state laws in Attieh’s application process, checking his record going back a decade as required, but no further.

If he’s convicted of the December DWI, he will lose his commercial driver’s license for a year.

If he’s convicted of that incident and the January snowplow arrest, he’ll be permanently barred from holding a CDL in New Jersey.

DWI takes on greater significance when your livelihood is on the line.

If you’re a truck driver facing DWI charges in New Jersey, call Matthew Reisig today at 732-378-9272 for a free consultation with an experienced New Jersey DWI defense lawyer.

Voters in New Jersey’s fifth district might be breathing a sigh of relief about their electoral choices after a former candidate for its congressional seat was charged with drunk driving after crashing his pickup truck into a house in Newton.

Tod A. Theise, 55, of Hackettstown, was allegedly driving drunk with an open container of alcohol in his car around 2:00 in the afternoon on New Year’s Day when he lost control of the vehicle and it slammed into a house on High Street.

The crash reportedly caused serious damage to the house, which was ultimately determined to be an unsafe structure as a result.

Theise was charged with DWI, refusal, careless driving, and possession of an open container of alcohol in a motor vehicle, and released to a sober adult pending a court appearance.

In 2010, he mounted a campaign to unseat former Representative Scott Garrett, who later lost the 2016 race to current Representative Josh Gottheimer.

Theise has not sought elected office since that race, and now it seems likely that he’s out of the politics game for good.

If you’ve been charged with DWI in New Jersey, don’t go it alone.

Matthew Reisig has helped more than 1,040 New Jersey residents avoid conviction on DWI and related charges.

If you want to avoid DWI conviction in New Jersey, Matthew Reisig is your best chance.

Call 732-625-9660 today for a free consultation with an experienced New Jersey DWI defense lawyer.

A young Hopatcong man caused a commotion recently after striking a curb with his car while driving drunk.

On October 9, Hopatcong police received a report that a black Jeep had struck a light post as it exited the town, and arrived at the scene shortly thereafter.

They determined that the light post was intact, but a vehicle had struck the curb near it.

At the local Quick Chek, they found a black Jeep with body damage indicative of the struck curb, and waited outside for the driver to emerge from the store.

His arrival likely did not go the way they expected.

First, Joseph Hannivig, 24, blew off the damage by saying the car was a rental.

He then told police that he’d been drinking at home earlier, and then had more to drink at a local restaurant.

He was unable to complete NJ officer’s field sobriety tests, and was taken into custody.

At the police station, Hannivig became combative as officers attempted to test his blood alcohol level, demanding that they shoot him in the head and challenging them to physically harm him.

Hannivig was ultimately charged with DWI, refusal, careless driving, and reckless driving, but officers first opted to take him to a hospital for further evaluation.

When you’ve been arrested for DWI in New Jersey, regardless of the circumstances, an experienced DWI defense lawyer can make a big difference in your case.

Call Matthew Reisig today at 732-625-9660 for your free consultation.

If DWI arrests were a competitive sport, a 71-year-old Mahwah man would be in contention for the gold.

First, Richard B. Haskell was found in his car by police on the morning on September 23.

He was passed out at Suraci’s Pond, and neighbors had complained about an unresponsive person in a vehicle there.

Haskell had a bottle of alcohol between his legs, and the responding officer, Sgt. Timothy Shoemaker, reported that he could clearly smell the odor of alcohol on the man’s breath.

Shoemaker asked Haskell to perform a field sobriety test, which he failed. He then was taken into custody on suspicion of DWI.

At the station, Haskell’s blood alcohol concentration was found to be .21 percent. He was charged with an open container violation and DWI, then released to a sober driver.

Around lunchtime, Haskell pulled into the police station in a different vehicle and came inside to find out when his first vehicle, which was impounded after his arrest, would be released.

Police noticed that he still appeared to be intoxicated. They performed another round of field sobriety tests, which he again failed.

His blood alcohol concentration was recorded as .14 percent.

Haskell was then charged with a second count of DWI just hours after his first, and will appear in Ramsey Municipal Court on Oct. 24.

Some DWI stories are funny to read, but they’re never funny to the person cited.

If you’ve been arrested for DWI in New Jersey, call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense lawyer.