My son hasn’t learned his lesson and got charged for DWI for the second time here in Elizabeth, New Jersey. If he will be convicted, what are the penalties that he would have to face?

Rachel

Elizabeth, NJ

The first thing that you need to do now is to contact a DWI defense lawyer to help your son against his second DWI offense in Elizabeth, New Jersey. An experienced DWI lawyer would represent your son’s interests throughout the course of his DWI case. The DWI lawyer would be able to save your son’s freedom and driver’s license which will be suspended for two years if he gets convicted. At the end of the suspension period, he could make an application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application could be granted at the discretion of the chief administrator.

The other penalty involved for a second DWI offense would a fine of $500 to $1,000. He will also be ordered by the court to perform community service for 30 days and shall be sentenced to imprisonment for a not less than 48 consecutive hours to 90 days, which shall not be suspended or served on probation. He will also be required by the court to install an ignition interlock device or shall have his registration certificate and registration plates revoked for two years.

Hi, I just moved here in New Jersey and I heard that there are a lot of cases of DWI crimes in this state. What are the risks of getting arrested for DWI in the state of New Jersey?

Mayette

East Orange, NJ

There are a lot of risks of getting arrested for DWI in the state of New Jersey. Intoxication could either be from alcohol or from other substances and it could even include certain prescription drugs. It doesn’t matter if a person feels that he could hold his liquor, if he is caught driving with a blood alcohol content (BAC) of 0.08% or more, he would be in serious trouble. New Jersey DWI laws could be very specific, and police officers have vast powers in implementing them.

In East Orange, New Jersey, or anywhere in New Jersey for that matter, a driver could be arrested for DWI even without administering the Standardized Field Sobriety Tests. But in such cases, the state must prove that there was sufficient reason to take the person into custody. An officer could even arrest a driver for DWI who has an open liquor bottle in his vehicle, parked or otherwise. The probable cause here, which again the state must prove, would be the intent drive after consuming the intoxicant. A driver who realizes that he has consumed too much alcohol and decides to sleep it off in his vehicle could also be at risk of being arrested for DWI. In cases such as these, the problem would arise if the driver wakes up, he might think that he is sober and decide to drive, but the BAC could still be adverse.

My brother got arrested for DWI in a school zone in Bayonne, New Jersey. If he gets convicted, are the penalties the same as in a DWI that’s not in a school zone?

Jason

Bayonne, NJ

Being arrested for DWI in a School Zone in the state of New Jersey is a strict liability offense. If your brother gets convicted for DWI in Bayonne, New Jersey and he was arrested in a school zone, his penalties will be harsher. This means that the fines and the length of the driver’s license suspension will be doubled. For a first DWI offense, the license suspension would be one to two years and for second time offense, the license suspension is two to four years; the fines and the jail terms are also doubled.

In general, the “school zone” provisions actually supply credit or provide a significant weight for the prosecution to obtain a DWI conviction. In many DWI cases, the prosecution could drop the “school zone” charge in return for a straight plea to the DWI charge. A motorist charged for DWI could not use the defense that since school was closed, that the area could not be considered a “school zone.” A motorist could be charged for this offense even if he is stopped in the middle of the night and there is no school in session.

My son has a probable DWI conviction here in New Jersey. After the tests administered on him, his blood alcohol content level was at .11%. If he will be convicted what would be the penalties and how long would it be part of his driving record?

Olivia

Elizabeth, NJ

Driving While Intoxicated or DWI in New Jersey draws a lot of penalties which includes fines, charges and surcharges, imprisonment or mandatory counselling.

For a first time offender, since your son’s blood alcohol content (BAC) was .11%, if he will be convicted, the fine would be between $300 and $500. He can also have a jail term not exceeding 30 days. His driver’s license will be suspended for seven months to one year. Other fines would include a surcharge of $1,000 per year for three years to New Jersey Motor Vehicles Commission (NJMVC). There would also be payments of $200 to the DWI Enforcement Fund, $50 to the Violent Crimes Compensation Fund, $75 to the Safe Neighborhood Fund, and $200 for license restoration. He would also have to undergo counselling for 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC), which could cost $150, and extra payment if outpatient counselling is stipulated by the IDRC. The court may also order to have an ignition interlock device installed on his vehicle. A DWI conviction will become a permanent part of his driving record in New Jersey.