DWI, or Driving While Intoxicated, is a very serious charge. Whether you were allegedly under the influence of drugs or alcohol, the punishment that you face is severe and can affect you for the rest of your life.  That is why you should call Adam M. Lustberg immediately if you are charged with Driving While Intoxicated.  Mr. Lustberg can help to protect your interests and ensure that your rights were not violated at the time of arrest and are not violated during the judicial process.

You Need an Experienced DWI Attorney

You do not want an attorney who takes DWI cases from time to time.  You want an attorney that is experienced in defending clients against DWI charges and does so regularly.  Lustberg Law Offices, LLC is that firm. We have defended countless clients against these charges in both New Jersey and New York and will work hard for you to obtain the best outcome that we can. We understand that this is not a simple charge and will evaluate your case to find the best way to defend you.

DWI Punishment

In New Jersey, the penalties for DWI can be very severe. It will not only affect you now, but in the future as well. From your driver’s license to your insurance rates to jail time, you are facing penalties that will affect you severely.

The penalties for DWI in New Jersey are set forth in N.J.S.A. 39:4-50 and depend largely on whether you have previously been convicted of DWI and the proven BAC or urinalysis/blood test results.  Those penalties are as follows:

(A) First Offense with  a BAC of at least .08% but under .10%

Fine: $250.00 to $400.00.

Jail: 12-48 hours at the  Intoxicated Driver Resource Center and, in the discretion of the Court, a term of imprisonment of not more than 30 days.

Loss of Driving Privilege:  Three Months.

New Jersey MVC Surcharge:  $1,000 per year for three years.

Other Fines and Assessments: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

(B) First offense – BAC of .10% or greater or under the influence of drugs.

Fine: $300.00 to $500.00.

Jail: “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 . . . [at] the  Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days.”

Loss of Driving Privilege:  Seven Months to One Year.

Ignition Interlock Device: In the Court’s discretion, six months to one year following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.  Mandatory if BAC .15% or greater.

Other Fines and Assessments: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

(C) Second Offense

Fine: $500.00 to $1,000.

Community Service:  30 Days.

Jail: Not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days.

Loss of Driving Privilege:  Two Years.

New Jersey MVC Surcharge: $1,000 per year for three years.

Ignition Interlock Device: In the Court’s discretion, during the period of suspension and for one to three years following restoration.

Revocation of Registration: Two years. The Court must either revoke the registration certificates or require the installation of an Interlock Device (above).

Other Fines and Assessments: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

(D) Third Offense

Fine: $1,000.

Jail: Mandatory imprisonment for a term of not less than 180 days.

Loss of Driving Privilege: Ten Years.

New Jersey MVC Surcharge: $1,000.00 per year for three years unless the conviction happened within three years of the last one in which case the surcharge is $1,500.00 per year for three years.

Ignition Interlock Device: In the Court’s discretion, during the period of suspension and for one to three years following restoration.

Revocation of Registration: Ten years.

Other Fines and Assessments: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

The above outline is not exhaustive.  The exact penalties your are exposed to can only be determined after a careful review of your case.

As set forth above, a first offense will result in losing your driver’s license for 3 months to 1 year.  While it is not common to be given a jail sentence, this is at the discretion of the Court. In addition, you will have to pay fines and will have to attend a class with the Intoxicated Driver Resource Center.

Second and subsequent offenses become even stricter. They will steadily increase from up to 90 days in jail, up to a $1,000 fine, a 2 year license suspension, possible installation of an ignition interlock device, $1,000 a year for 3 years in an automobile insurance surcharge, and at least 30 days of community service. Do it again and you will be facing mandatory incarceration for 180 days and larger fines and assessments in addition to a 10 year loss of license. That is why you must find an attorney that will fight for your future. Adam M. Lustberg will do that for you.

Our offices in New York and Hackensack give us the ability to take care of clients in both New Jersey and New York. Don’t face a DWI charge on your own without experienced legal representation. You need someone in your corner to protect both your present and future interests.

When you are charged with DWI, you need representation now. Don’t just depend upon law enforcement to protect your interests. Find someone to fight in your corner. Give Lustberg Law Offices, LLC a call and we will work to protect your rights and to defend you in court. Call us today.