In New Jersey, a person with a blood alcohol content (BAC) of .08% or higher who operates a motor vehicle (or boat) is considered to be driving under the influence (DUI).

Being convicted of driving under the influence is a serious offense. Penalties can include:

• Fines
• Fees
• Surcharges
• Driver’s license suspension
• Installation of an ignition interlock device
• Jail time
• Mandatory community service

If you had a BAC of at least .08% but less than .10%, you’re facing the possibility of:

• Loss of your license for three months
• Fines and fees of $755 to $905
• A surcharge of $1000 per year for three years
• Up to 30 days in jail
• 12-48 hours at the Intoxicated Driver Resource Center

If you had a BAC of .10% or higher, you’re facing:

• Loss of your license for seven months to a year
• Fines and fees of $805 to $1005
• A surcharge of $1000 per year for three years
• Up to 30 days in jail
• 12-48 hours at the Intoxicated Driver Resource Center
• Installation of an ignition interlock device during your license suspension and for six months to a year following restoration of your driving privileges

For repeated offenses the penalties become even more severe.

For a second offense within two years, you can face:

• Loss of your license for two years
• Fines up to $1,555
• A surcharge of $1000 per year for three years
• Jail time from 48 hours to 90 days
• 30 days of community service
• 12-48 hours at the Intoxicated Driver Resource Center
• Installation of an ignition interlock device during your license suspension and for one to three years following restoration of your driving privileges

For a third offense within 10 years of your second offense, you face:

• Loss of your license for ten years
• Fines up to $1,555
• A surcharge of $1500 per year for three years
• 180 days in jail
• 90 days of community service
• 12-48 hours at the Intoxicated Driver Resource Center
• Installation of an ignition interlock device during your license suspension and for one to three years following restoration of your driving privileges

Related offenses include driving or riding with an open liquor container, for which the fines are $200 for a first offense and $250 for a second offense.

If you were driving while possessing drugs, you can lose your license for two years and be fined $50.

You don’t have to passively accept a ticket for DUI. You can request a hearing and try to beat the charges, or at least have the charges reduced.

You may be able to prove that you were not actually intoxicated at the time you were pulled over. For example, you may be able to show that the device used to measure your BAC was not calibrated or used properly.

Our firm can advise you on your rights and help you with the legal process when you’ve been charged with DUI.

The Law Offices of Marc B. Schram, P.C. serve Ocean, Monmouth and Middlesex county businesses and individuals. For experienced representation, call 732.888.4400 or contact us online to schedule your free initial consultation. We look forward to hearing from you.