What You Should Know About New Year’s Eve DWI Charges in New Jersey

Reviewed by Daniel P. McNerney, Esq.

Executive Summary: What This Holiday DWI Guide Covers

If you are charged with a New Year’s Eve DWI, you can expect devastating consequences. Holiday periods like Thanksgiving weekend (including the notorious “Drinksgiving” or “Blackout Wednesday” on Thanksgiving Eve), Memorial Day weekend, the Fourth of July, and Labor Day weekend see a massive spike in law enforcement patrols, roadside checkpoints, and drunk driving arrests. Reach out to our Bergen County criminal defense attorneys today to learn more about the penalties and how you can ensure you don’t get charged this holiday season.

What will happen if I receive a DWI this New Year’s Eve in New Jersey?

The state of New Jersey takes DWI charges very seriously, even if it is just your first offense. Drivers over the age of 21 have a legal BAC limit of 0.08%, meaning those found operating a vehicle at or over this percentage will face an automatic DWI offense. Drivers under 21, however, who are found with a BAC at or over 0.01% can face penalties in accordance with New Jersey’s Zero Tolerance Policy. Your specific BAC depends on variables like the type of alcohol consumed, volume, and how quickly you drink. If law enforcement catches you this New Year’s Eve with a blood alcohol concentration of .08-.09%, you may face the following consequences:

• Up to 30 days of imprisonment
• A $250-$400 fine
• 12-48 hours in the Intoxicated Driver Resource Center (IDRC)
• DWI surcharge of $125
• License forfeiture until the ignition interlock device is installed
• $100 surcharge to the Drunk Driving Education Fund
• $50 to VCCO
• $75 to the Neighborhood Services Fund
• The mandatory installation and use of the ignition interlock device at your own cost for three months
• An automobile insurance surcharge of $1,000 per year for 3 years

If you have a blood alcohol concentration between .10-.15%, you can expect even harsher penalties, including:

• Up to 30 days of imprisonment
• A $300-$500 fine
• DWI surcharge of $125
• License forfeiture until the ignition interlock device is installed
• $100 surcharge to the Drunk Driving Education Fund
• $50 to VCCO
• $75 to the Neighborhood Services Fund
• Between 12 and 48 hours in the Intoxicated Driver Resource Center
• The mandatory installation and use of the ignition interlock device at your own cost for between 7 months and 1 year
• An annual insurance surcharge of $1,000 per year for three years

It’s important to understand that those pulled over and found to be operating a vehicle with a BAC of 0.15% or higher can face enhanced penalties. This includes a mandatory 3-month license suspension and the installation of an ignition interlock device for up to 15 months after the restoration of your license. Under current statutory amendments, drivers facing alcohol-based DWI charges may apply for a “2-for-1” ignition interlock credit, reducing their required license suspension period by one day for every two days of documented compliance with an early, voluntarily installed interlock device.

What are the penalties for a second-offense DWI?

In the event that you receive your second offense, you will be categorized as a repeat offender, and you will most likely face the following:

• A $500-$1,000 fine
• Two to 90 days of imprisonment
• $100 to the Drunk Driving Fund
• License forfeiture for one to two years
• A DWI surcharge of $125
• $75 to the Neighborhood Services Fund
• Up to 30 days of community service
• Intoxicated Driver Resource Center, in accordance with treatment classification (usually 48 hours)
• The installation and use of the ignition interlock device duration of your license suspension and two to four years after the license is restored
• $50 to VCCO
• $100 to AERF
• An automobile insurance surcharge of $1,000 per year for 3 years

What are the penalties after a third DWI offense?

As expected, a third offense DWI charge can end up with life-altering outcomes. If you received this offense, you will need a skilled Bergen County criminal defense attorney; otherwise, you will likely encounter:

• A 10-year license forfeiture
• $1,000 fine
• Six months in jail, with the option to serve up to 90 days in a court-approved substance abuse inpatient treatment program
• Intoxicated Driver Resource Center, in accordance with treatment classification
• $100 to AERF
• $100 to the Drunk Driving Fund
• DWI surcharge of $125
• $75 to the Neighborhood Services Fund
• Up to 90 days of community service
• $50 to VCCO
• Ignition Interlock Device during license suspension and for two to four years after the license is restored
• An automobile insurance surcharge of $1,500 per year for 3 years

Drunk driving accidents and dram shop liability

It’s important to understand that drunk driving that ultimately leads to an accident will shift your consequences from a traffic violation to a criminal offense. Those injured in a drunk driving collision in New Jersey will have two years from the date on which the accident occurred to pursue compensation in accordance with New Jersey’s statute of limitations.

However, New Jersey also implements a dram shop law, which means that the injured party can hold the bar, restaurant, nightclub, vendor, or other establishment that served the individual who caused the collision liable. This is because these entities can face liability if they overserved an individual who was visibly intoxicated or served a minor under 21.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.