DUI/DWI Penalties

DUI DWI Attorney Atlantic CityDUI/DWI DEFENSE

A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:

For the first offense:

if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, of the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for period of three months;

If the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year.

DRIVING WHILE INTOXICATED – SECOND VIOLATION

For a second violation:

A person shall be subject to a fine of not less than $500 nor more than $1,000, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator.  For a second violation, a person also shall be required to install an ignition interlock device.

DRIVING WHILE INTOXICATED – 3RD OR SUBSEQUENT OFFENSE

For a third or subsequent violation:

For a third or subsequent violation, a person shall be subject to a fine of $1,000, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.  For a third or subsequent violation, a person shall be required to install an ignition interlock device.

Atlantic City Certified Criminal and DUI/DWI Defense Attorney

Stephen F. Funk, is a criminal defense attorney with offices located in Atlantic City, New Jersey. He is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney and specializes in the defense of individuals charged with criminal offenses or serious traffic offenses such as DWI/DUI. If you are charged with a criminal offense or DWI/DUI in Atlantic City, anywhere in Atlantic County or anywhere in Cape May County you need an aggressive and trustworthy Atlantic City criminal defense attorney to investigate your case and provide you with the best defense. Mr. Funk appears in the Atlantic County Superior Court, the Cape May County Superior and Municipal Courts throughout each of those counties everyday. He is a local attorney known and respected by the Prosecutors, Judges and Court staff. Contact him today.

CALL FOR A FREE CONSULTATION (609) 340-0022