• Are there defenses to DWI?

Yes. Please call the Law Office of Albert M. Afonso as soon as possible after your arrest to discuss your case.

• What are the penalties for DWI in New Jersey?

For the first offense, fines range between $250.00 and $400.00. You must attend alcohol awareness classes at the Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 Violent Crimes Compensation Board (VCCB) penalty, and a $75.00 Safe Neighborhood Fund Assessment. You can be sentenced to up to 30 days in jail. You will lose your license in New Jersey for six months to one year.

For a second violation, fines range from $500.00 to $1,000.00. You must perform community service for a period of 30 days. You must attend alcohol awareness classes at the IDRC for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 VCCB penalty, and a $75.00 Safe Neighborhood Fund Assessment. You will be sentenced to jail for a term 48 hours to 90 days. You will lose your privilege to drive in New Jersey for two years.

For a third or subsequent violation, you will be fined $1,000.00. You must attend alcohol awareness classes at the IDRC for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 VCCB penalty, and a $75.00 Safe Neighborhood Fund Assessment. You will be sentenced to jail for a term of 180 days, however 90 days of the jail sentence can be served performing community service. You will lose your driving privileges in New Jersey for 10 years.

• Can I refuse to take a breath test?

No. By driving on the roads of New Jersey, according to 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."

• Are there any defenses to Refusing to take a breath test?

Depending on the circumstances of your case, there may be defenses. Please call us as soon as possible after your arrest to discuss your case.

• Do the same penalties for DWI apply to Refusing to take a breath test?

They are similar. You will be fined between $250 and $500 for any offense. A first offense carries a six months 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 offense.

• What if I am convicted of both DWI and Refusing to take the test?

You will be sentenced for both violations, and your suspensions and potential jail time will be consecutive. In other words, your penalties will essentially double.

• What happens if I am convicted of DWI while driving within 1,000 feet of school property, including a school crossing zone?

For a first offense, you will be fined from $500 to $800. You 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, you will be fined $1,000 to $2000. You must perform community service for a period of 60 days. You 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, served performing community service. Your driver's license will be suspended for 4 years.

For a third offense, you will be fined $2,000. You will be sentenced to 180 days in jail. Your driving privileges will be suspended for a period of 20 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.

(This section of the law is effective as of January 19, 2000.)

• What happens if I am convicted of Refusing to take the breath test and if I was driving within 1,000 feet of school property, including a school crossing zone?

You 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.

(This section of the law is effective as of January 19, 2000.)

• What happens if I am on the Suspended or Revoked list at the time I was stopped for DWI?

Upon conviction you will be fined an additional $500; your license will be suspended for an additional period of one to two years; and you will be sentenced to jail for not less than 10 days or more than 90 days.

• What happens if I am on the Suspended or Revoked list at the time I was stopped for DWI or Refusal and I was driving within 1,000 feet of school property, including a school crossing zone?

Your license will be suspended for an additional period of one to two years. That suspension will begin upon the completion of any prison sentence. You will be fined $500. You will be sentenced to jail for 60 to 90 days for a first offense; 120 to 150 days for a second offense; and, 180 days for a third or subsequent offense.

• If I have a license in another state, do I lose my driving privileges in my home state also?

Not automatically. Please call us to discuss this complicated situation.

• Once I have served my period of suspension, do I automatically get my license back?

No. You must pay a restoration fee of $50.00 to the Division of Motor Vehicles.

• If I am sentenced to jail, are there any alternatives to actually going to jail?

Yes. Please call us as soon as possible after you have been charged with DWI, so that we can explore the alternatives with you immediately.

• Even though I have been convicted of DWI before, is there any way to have my prior conviction(s) overturned or nullified for my current situation?

Yes. Please call us as soon as possible after you have been charged with this DWI, so that we can explore the alternatives with you.

• If I was convicted of DWI or DUI in another state, does that count as a prior conviction in this situation?

Yes, as long as the prior conviction was based exclusively upon a violation of a proscribed blood alcohol concentration of .10% or greater.

• If my driving privileges are suspended or revoked at the time of my DWI, how is the additional period of suspension calculated?

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

• If I have a prior conviction for DWI that is more than 10 years old, does that count as a prior conviction for sentencing in this matter?

No. If the second offense occurs more than 10 years after the first offense, the court shall 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 shall treat the third conviction as a second offense for sentencing purposes.

• Can the Intoxicated Driver's Resource Program make me take any additional classes or order additional counseling?

Yes. 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.

• What happens if I do not comply with the IDRC classes or additional recommendations for counseling?

The court will sentence you to a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied.

• What if I am under 21, what is the law regarding DWI?

If you have a blood alcohol concentration of 0.01% or more, but less than 0.10%, you will forfeit your right to operate a motor vehicle in New Jersey or be 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. You 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.

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