The Penalties for DWI in New Jersey can be severe. A conviction can effect you now and in the future. Penalties can effect your driver's license, your insurance rates, and could even result in jail time. The New Jersey Court must impose mandatory license suspension that cannot be lifted for any circumstances. There are no "hardship" licenses in New Jersey even for the limited purpose of driving to and from work.

In New Jersey the terms "DWI" and "DUI" are interchangeable.

Let's Look at the DWI law in New Jersey:

N.J.S.A. 39:4-50, the New Jersey DWI Law, makes it unlawful to "operate a motor vehicle while under the influence of intoxicating liquor . . .or . . . with a blood alcohol concentration of .08% or more by weight of [blood] alcohol."

What this means is that there are actually two ways to be convicted of DWI in New Jersey. The first is by operating a vehicle under the influence of alcohol. In which case the State would need to prove that you consumed alcohol to the point where you were in a seriously diminished capacity.

The second way involves what is called a "per se" violation, in which case the State need only prove your blood alcohol was at .08 or more in order to convict you. They do this through blood testing or breathalyzer.

The Penalties for DWI conviction in New Jersey:

Penalties can differ depending on whether this is a first offense for you or not as well as level of Blood Alcohol Concentration you are convicted of having at the time of the offense.

In general for a first offense you can lose your license for 3 months to one year. The laws in New Jersey to allow for a jail sentence even on a first offense at the discretion of the Court however, it is unlikely on a first conviction.

If convicted, you will likely be ordered to attend a program with the Intoxicated Driver Resource Center.

You may be ordered to pay fines:

DMV SURCHARGE: $1,000 per year for three years.
$200.00 DWI Enforcement Fund,
$50.00 Violent Crime Compensation. Safe Neighborhood Fund,
200.00 NJ MVC Restoration Charge,
$150.00 Intoxicated Driver Resource Center Fee, up to $33.00 in Court Costs.
Not to mention that your car insurance rates will likely go up.

There are several stages to a dui proceeding, which I have outlined below.

1. Arraignment:
A couple of days after your arrest. If you have an attorney, he may be able to enter a not guilty plea by written waiver and you would not have to appear for this initial hearing. The purpose of arraignment is to advise you of your rights and of the possible penalties you face. If you have an attorney, he will have already advised you of the penalties and have developed a strategy for protecting your rights so you don't need to hear it again in a mass court gathering. The Court will set a trial date and advise your attorney.

2. Pre-Trial Conference:
About a month after your arrest you will have another court date. You could resolve the case at this point however, often the defense does not have all of the information they are entitled to by this point and will need more time to prepare a defense and consult with experts.

3. Motions:
Your attorney may file motions at this point. There are many types of motions that can be made. Motions can have significant impact on the overall outcome of the case. For example if your attorney makes and wins a motion to suppress certain evidence that evidence will not be available for the State to use in its case against you.

4. Trial:
The trial is the proceeding familiar to most people. We have all seen trials by Perry Mason, Matlock and Law & Order. However, most of these television shows are very unrealistic as far as trial procedure and the rules of evidence. I have never personally seen a witness confess to murder under intense cross-examination by any lawyer. However, good cross-examination skills can make the difference in the outcome of your trial. A trial has several distinct phases as follows:

Opening Statement: The State and then your lawyer are allowed several minutes to address the jury or judge and tell them what he or she expects the evidence to show.

The State's Case: The State then has to put on evidence that you committed a crime. Each witness is called and asked questions by the prosecutor. Then your attorney may cross-examine the witness. The State can ask redirect questions after your attorney is finished. Occasionally the judge may ask questions of the witness, especially if jury trial is waived.

Half Time: After the State puts on all its evidence, they rest. The judge considers whether they put on enough evidence of each charge. If not, the charge is dismissed.

Defense Evidence: The Defendant now has an opportunity to call witnesses and present evidence. The State has the right to ask your witnesses questions. At the end of your evidence, you rest.

Closing Statements: Each side has the right to summarize what they think the evidence showed and how the evidence and law should be applied.
After each stage of the trial, the jury or court renders its decision. If a guilty verdict is returned, we proceed to sentencing.

The second possibility on trial day is a plea.

5. Post Sentencing:
A defendant may have the right to appeal their Municipal Court case if they are unsuccessful.

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