Do You Know the Penalties of DWI in Newark, NJ? If Not, You Should
Everybody makes mistakes. Most of the time those errors in judgment just have a personal impact, and other times a mistake can have dire legal consequences. Driving while impaired by drugs and alcohol is mistake a far too common mistake many Newark drivers make. Are you fully aware of the legal, economic and social consequences of a DWI? If not, you should because the penalties are worse than you imagine.
Consult with a DWI Lawyer in Newark ASAP
You shouldn’t take your DWI lightly because the charge, though generally considered a traffic violation, will have a long list of consequences including immediate and possibly future incarceration. Get a criminal defense attorney in Newark to help you with your detention determination hearing and your defense strategy. A loved one or a friend can help locate
Essex County Correctional Facility
354 Doremus Ave.,
Newark, NJ 07105
essex-countynj.org
Newark Police-Public Info
31 Green St.,
Newark, NJ 07102
NJ State Police
14 Port St.,
Newark, NJ 07114
NJ Department of Corrections Inmate Locator: https://www20.state.nj.us/DOC_Inmate/inmatefinder?i=I
If you need to get out of jail for DWI, you may not have to post a cash bail. New Jersey recently changed their laws so that criminal defendants are no longer required to pay bail to get out jail unless ordered to do so by a judge. The State Bail Reform and Speedy Trial Act, which went into effect on January 1, 2017, change he bail system from cash-based to merit-based. A judge will decide if you should be held or released based on the following your criminal history, ties to the community and flight risk. You should enlist criminal defense attorney to help with your detention determination hearing.
Unfortunately, you can be held up to 48 hours before you are scheduled for a detention determining hearing. If a judge refuses to grant you bail, you can be held up to 90 days.
If you are ordered to pay bail, the amount will vary according to the facts of your case. In many cases, your bail amount will reflect the DWI fine you would pay if convicted.
If you have a minor DWI charge, it’s likely you can be released without paying bail but you must adhere to the conditions set for by a judge, or your bail could be rescinded, and you’ll be returned to jail until your arraignment or adjudication.
Once you get out of jail, you need to begin thinking about your defense strategy, that is why USAttorneys.com recommends you get the help of a DWI lawyer in Newark as soon as possible. A DWI conviction in New Jersey carries numerous legal consequences and administrative penalties. Below are penalties for simple DWI charges:
First DWI Offense
Jail: Up to 30 days
Fines: $250 to $500
Driver’s License: Suspension 3 months to a year
Ignition Interlock Device: Possible
Other Penalties: Participation in an Intoxicated Driver Program (IDP) at an Intoxicated Driving Resource Center (IDRC) and an Alcohol and Highway Safety Education course
Second DWI Offense
Jail: Up to 90 days
Fines: $500 to $1,000
Driver’s License: Suspension of two years
Ignition Interlock Device: Possible
Other Penalties: Participation in an Intoxicated Driver Program (IDP) at an Intoxicated Driving Resource Center (IDRC) and an Alcohol and Highway Safety Education course
Third DWI Offense
Jail: Up to 180 days
Fines: $1,000
Driver’s License: Suspension for Ten Years
Ignition Interlock Device: Possible
Other Penalties: Participation in an Intoxicated Driver Program (IDP) at an Intoxicated Driving Resource Center (IDRC) and an Alcohol and Highway Safety Education course
The look back period for DWI is ten years, but the charge can stay on your record indefinitely.
DWI arrests and stops can get contentious. If things escalate and you are unjustly harmed or wrongfully arrested in New Jersey, USAttorneys recommend you speak with police brutality lawyer in New Jersey.
Your Driving Privileges are At Risk
We listed the driver’s license suspension periods for a DWI conviction above, but you should know that your arrest is going to trigger an automatic suspension of your driver’s license. There is no option for limited driving privileges in Newark. You can get your license reinstated after you complete sentencing.
New Jersey has an implied consent law which requires all motorists to agree to breathalyzer tests and chemical tests. You have the right to refuse those tests, but the consequence is an automatic suspension of your driver’s license.
A DWI is Expensive
On top of the fines for a DWI conviction, there are other costs associated with a DWI some related to your driver’s license, some are court costs, and others are tied to your probation. There are many costs associated with a DWI conviction, and you can expect to pay $10,000 or more.
Driver’s license-related costs:
License Reinstatement fees
High-risk insurance costs
Installation and maintenance of an ignition interlock device
Annual surcharge for three years
Additional costs for a DWI conviction in New Jersey include:
Drunk driving enforcement fund- $100
Motor Vehicle Restoration-$100
Violent Crimes Compensation fee- $100
Intoxicated Driver Program Fee- $100
State and Municipality Fee-$100
Getting an exact figure is difficult since the fees and incidental costs depend on the circumstances of each case. At the minimum, your DWI in New Jersey will cost you several thousand dollars perhaps a lot more.
If you are an immigrant, we urge you to speak with an immigration attorney in Newark and discuss how your DWI will affect visa, green card or citizenship.
