How Long Do You Lose Your License If You Get a DWI in NJ?
Receiving a driving while intoxicated or DWI charge in New Jersey brings serious consequences including your license being suspended. The length of this suspension varies, depending on several factors, including your Blood Alcohol Concentration (BAC) and any prior offenses.
Understanding these periods is the first step toward addressing the situation. We will break down the specifics of license suspension for various DWI scenarios in New Jersey. For personalized legal advice, consider speaking with a qualified attorney like those at H&S Law Group, who can review the details of your case.
First-Time DWI Offense
For a first-time DWI offense in New Jersey, the license suspension period is directly tied to your BAC level at the time of the arrest. The state has a tiered approach to penalties for first-time offenders. This means the higher your BAC, the longer the potential suspension and the more stringent the other requirements become.
The state aims to educate and deter individuals from driving under the influence. The penalties are designed to reflect the seriousness of the offense. Even for a first offense, the consequences can have a significant impact on your daily life and finances.
- BAC of 0.08% to 0.10%: Your license will be suspended until you install an ignition interlock device (IID) in your vehicle. You must use this device for three months.
- BAC of 0.10% to 0.15%: The suspension lasts until you install an IID. The IID must then be used for a period of seven months to one year.
- BAC Above 0.15%: You will face a license suspension of four to six months. Following this suspension, you are required to use an IID for nine to fifteen months.
In addition to license suspension and IID requirements, a first-time DWI offender will face fines, potential jail time, and mandatory participation in a program at an Intoxicated Driver Resource Center (IDRC). There are also significant insurance surcharges that can last for three years.
Our attorneys at H&S Law Group recognize that facing criminal charges can be one of the most challenging experiences in your life. Trust our criminal defense attorneys with your case. Contact us at (973) 200-1433 if you have questions about next steps
Second-Time DWI Offense
A second DWI conviction within ten years of the first carries much heavier penalties. The state takes a stricter stance on repeat offenses, viewing them as a greater threat to public safety. The license suspension period is significantly longer for a second offense.
Unlike a first offense, the penalties for a second DWI are not typically tiered based on your BAC. Once you are convicted of a second offense, you face a standard set of penalties that are more severe than those for a first-time offender. These include:
- Losing your license for a period of one to two years. The court has some discretion within this range, but the minimum suspension is one full year. This is a substantial increase from the penalties for a first offense.
- Mandatory jail time
- Community service, and
- Higher fines.
- You will also be required to install an IID in your vehicle during the suspension period and for two to four years after your driving privileges are restored.
- The financial costs also escalate with increased fines and surcharges.
At H&S Law Group our team of aggressive DWI & DUI attorneys, Joseph P. Slawinski, Esq. and Eric S. Hausman, Esq., is the best choice for your criminal defense needs. We will work with you to navigate the complexities of New Jersey laws to ensure the best possible outcome for you.
Third or Subsequent DWI Offense
A third or subsequent DWI offense within ten years of a second conviction results in the most severe penalties under New Jersey law. The state imposes a lengthy license suspension to remove repeat offenders from the road. The consequences at this level are life-altering.
There is no leniency for a third DWI conviction. The penalties are mandatory and leave little room for judicial discretion. A third conviction signals a significant disregard for the law and the safety of others.
The license suspension for a third or subsequent DWI offense in New Jersey is a mandatory eight years. This is a fixed period, and the judge does not have the authority to reduce it. This lengthy suspension reflects the gravity of being a habitual offender.
In addition to the eight-year license suspension, a third conviction includes a mandatory jail sentence of 180 days. Fines are also significantly higher, and the requirement to install an IID for two to four years after license restoration remains. The cumulative effect of these penalties can be devastating..
Refusing a Breathalyzer Test
New Jersey has an implied consent law. This means that by driving on the state’s roads, you have agreed to submit to a breath test if a police officer has probable cause to believe you are driving while intoxicated. Refusing this test has its own set of serious penalties.
The penalties for refusing a breathalyzer are similar to those for a high-BAC DWI conviction. A refusal charge is a separate offense from the DWI itself. You can be convicted of refusal even if you are ultimately found not guilty of the DWI.
- First Refusal: Your license will be suspended until you install an IID, which must be used for nine to fifteen months.
- Second Refusal: You will face a license suspension of one to two years.
- Third Refusal: The license suspension for a third refusal is a mandatory eight years.
It is important to understand that refusing the test does not guarantee you will avoid a DWI conviction. The prosecution can still use other evidence to prove impairment. The penalties for refusal are in addition to any penalties you may face for a DWI conviction.
How Long Do You Lose Your License If You Get a DWI in NJ?
A DWI in New Jersey doesn’t just cost you money; it costs you your independence behind the wheel. Whether your BAC was 0.08% or higher, whether it’s a first offense or a third, understanding these suspension periods and IID requirements is crucial.
If you’re facing a DWI charge, consult with H & S Law Group to explore options like IID credit, potential plea considerations, or strategies to minimize suspension length. Every case is unique and experienced legal guidance can make a significant difference.
Come visit us at 1719 NJ-10 Suite 224, Parsippany-Troy Hills, NJ 07054.