Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 100 Year of Combined Experience

Former County & Municipal Prosecutors




DWI Penalties in New Jersey

Driving While Intoxicated is a prime target of law enforcement throughout New Jersey.  The State even provides special funding for DWI enforcement in Union County and the municipal police departments within its borders. It may not therefore come as a surprise that approximately 3,000 drinking and driving complaints including DWI, DUI and Refusal to Submit a Breath Sample, were issued in the County of Union last year. The municipalities at the top of the county rankings for DWI arrests are Linden, Union, and Elizabeth.  If you or a loved one finds themselves falling within these statistics, we can help. The lawyers at our Cranford law firm have been handling DWI charges in NJ for decades.  In fact, two of the three defense attorneys at the Law Offices of Jonathan F. Marshall have not only defended these offenses but have also enjoyed the opposite perspective as municipal prosecutor in several municipalities. Give us a no obligation call at 1-800-289-3178 to learn more about how we can assist you in defending your DWI in Cranford, Roselle Park, Clark or another town in Union County NJ. We also hope you find the following information to be of assistance.

New Jersey DWI Law Under N.J.S.A. 39:4-50

N.J.S.A. 39:4-50 of the New Jersey motor vehicle laws provides that an individual is guilty of DWI where he “operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more.”  The same statute makes it a DWI violation to “allow” another person to operate a motor vehicle while intoxicated; this is commonly referred to as “allowing” under N.J.S.A. 39:4-50.

Penalties for DWI Within Union County

First Offense . The penalties imposed upon conviction for a first offense of DWI in Union County hinge on the blood alcohol concentration (BAC) of the driver.  If the BAC is at least .08% but less than .10%, then the period of driver’s license suspension is 3 months and the fine is between $250 and $400 . Where the blood alcohol concentration is above .10%, the period of license revocation is 7 to 12 months , and the fine is $300 to $500 . An individual found guilty of DWI is also required to perform 12 hours of alcohol education through the Intoxicated Drivers Resource Center ( IDRC ).

Second Offense. The penalties for a conviction in Union County for a second DWI include a 2 year drivers license suspension , and a fine of $500.00 to $1,000.00. A second offense also includes a requirement that an individual serve forty eight (48) hours of imprisonment, 30 days of community service, and attend forty eight (48) hours of alcohol education provided by the Intoxicated Drivers Resource Center (IDRC).  The installation of an ignition interlock may also be ordered by the Court or, alternatively, a two year registration revocation.

Third Offense. An individual is required to serve 180 days of imprisonment , pay a fine of $1,000 , and have his license suspended for 10 years upon conviction for a third offense of DWI.

How a DWI Defense Lawyer Near Roselle Park, NJ Can Help

While the drinking and driving laws in NJ are very strict and even prohibit plea bargaining, the truth is that we are often successful in avoid DWI conviction and/or the mandated penalties which were to be imposed under the original drunk driving charge. What we mean is, for example, that we have succeeded many times in having DWIs downgraded to reckless driving, second tier DWIs reduced to first tier (e.g. 3 months suspension as opposed to 7 to 12 months as originally written), and have avoided jail for those charged with a third offense.

We would be happy to review the facts of your case and explain how we can help you. Initial consultations with a lawyer from our Cranford Defense Firm are without charge. An attorney is available immediately at 1-800-289-3178.