It is relatively easy to get a first-offense DUI charge if you drive after drinking in New Jersey. For many adults, a general rule of thumb is four drinks over the course of an hour will register as a 0.08% blood-alcohol content (BAC), the legal threshold for a DUI or DWI charge in New Jersey. However, some adults who are lighter weight may register .08% after fewer drinks. New Jersey law says that if a first offender’s BAC is 0.08% or higher, a judge can sentence them, upon conviction, to jail for up to 30 days.
In most cases, a first-time New Jersey DUI offender who registers a BAC of less than 0.10% and who did not cause a car accident that injured others can avoid jail time. However, you are making a mistake to appear in court without legal representation. Because a DUI / DWI is a traffic offense, not a criminal charge, judges hear the cases. A first-time DUI offender who stands before a New Jersey judge without an experienced defense attorney is making a big mistake and risking being sent to jail.
You need to retain an accomplished DWI defense attorney to respond to a first DUI offense charge to have the best chance of avoiding potentially harsh penalties. If you avoid jail, you are still subject to suspension of your driver’s license and paying thousands of dollars in fees and fines. A first conviction also makes the consequences of a second DWI charge within 10 years more severe. There is no plea bargain permitted in a DWI case. You’ll be judged on the facts of the incident and, if convicted, sentenced as the judge sees fit.
At The Law Offices of Jonathan F. Marshall, our New Jersey DUI / DWI defense attorneys defend clients arrested on first-offense DWI charges throughout the state. Our legal team has over 200 years of collective experience representing individuals accused of driving under the influence of alcohol or drugs. We have defense lawyers whose practices focus exclusively on DWI cases. We have attorneys certified in standardized field sobriety testing and the Alcotest breath-alcohol measurement device, which is used across New Jersey.
For a free case consultation with one of our NJ DWI lawyers, call our office at 877-328-0980 or contact us online anytime.
What Are the Penalties for a First-Time DWI in New Jersey?
If you have been arrested and charged with a first-offense DUI in New Jersey and register a BAC of at least 0.08% but less than 0.10%, you face:
- Up to 30 days in the county jail.
- Loss of your driving privileges for 3 months.
- $250 to $400 in fines.
- A $1,000 insurance surcharge for 3 years.
- Other fees and surcharges in excess of $525.
- Possible requirement to have installed an ignition interlock device for 6 to 12 months.
- Alcohol abuse assessment.
- 12 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).
If your BAC is .10% or higher, then you will face:
- Up to 30 days in county jail.
- Loss of your driving privileges for 7 to 12 months
- $300 to $500 in fines
- A $1,000 insurance surcharge for 3 years.
- Other fees and surcharges in excess of $525.
- Possible ignition interlock requirement for 6 to 12 months.
- Alcohol abuse assessment.
- 12 hours of mandatory alcohol classes at an IDRC.
If your BAC is greater than 0.15%, New Jersey has a mandatory ignition interlock requirement for 6 to 12 months.
Blood Alcohol Content (BAC) Table for Male and Female in New Jersey
| Number of Drinks | Body Weight in Pounds | Male BAC Range | Female BAC Range |
| 0 | 100-240 | 0 | 0 |
| 1 | 100-120 | 0.03-0.02 | 0.04-0.03 |
| 1 | 121-140 | 0.02-0.02 | 0.03-0.03 |
| 1 | 141-160 | 0.02-0.01 | 0.03-0.02 |
| 1 | 161-180 | 0.02-0.01 | 0.02-0.02 |
| 1 | 181-200 | 0.02-0.01 | 0.02-0.02 |
| 1 | 201-220 | 0.01-0.01 | 0.02-0.01 |
| 1 | 221-240 | 0.01-0.01 | 0.02-0.01 |
| 2-3 | 100-240 | 0.07-0.03 | 0.08-0.05 |
| 4-5 | 100-240 | 0.14-0.08 | 0.16-0.10 |
| 6-7 | 100-240 | 0.21 -0.12 | 0.24-0.15 |
You need an experienced criminal defense attorney to guide you through the criminal justice process.
Factors Influencing Likelihood of Jail Time for a First DUI
These factors could influence a judge to think you need or deserve some jail time for a first DWI offense:
- Refusal to Take a Breathalyzer Test: When you receive a driver’s license in New Jersey, you give the state your implied consent to have a chemical or breath test conducted to measure your BAC if you are ever stopped by police for suspected drunk driving. You can be convicted of a DUI offense based on the observations of the police officer without a BAC test. Having refused to honor the implied consent agreement with the state will not sit well with the judge when you appear for your court date.
- Excessive BAC: The higher your BAC registers, the more intoxicated you are, which indicates an elevated risk to the public. If you register a BAC of 0.15% or above, you may be subject to detainment for 12 to 48 hours, to be served during two consecutive days, with each day requiring a minimum of six hours. Then, the court still has the discretion to impose a jail term of up to 30 days.
- Accident and/or injury: If a drunk driver causes an accident that leads to bodily injury of another person, the driver may face charges of assault by auto or aggravated assault, depending on the extent and severity of the injuries. Assault by auto, the lesser of the two crimes, may be charged as anywhere from a disorderly person’s offense punishable by up to 6 months in jail to a second-degree offense punishable by 5 to 10 years in prison. In a fatal accident, charges of vehicular manslaughter or vehicular homicide also may be punished with prison time. Turn to an effective criminal defense attorney at the Law Offenses of Jonathan F. Marshall for legal assistance if you are facing assault by auto or other criminal charges.
- Minor in the vehicle: A driver found to be operating a vehicle under the influence with a minor present may face aggravated DUI penalties. It is considered a disorderly person’s offense punishable by up to six months in jail.
- DWI in a school zone: When an individual is convicted of a DWI in a school zone or school crossing, the penalties double. Therefore, on a first offense, you could face 60 days in jail.
Alternatives to Jail Time
When a first-time DUI conviction cannot be avoided, a knowledgeable attorney may persuade the court to consider penalty options other than jail such as fines, license suspension, ignition interlock devices, classes, as well as mandatory fees.
Even when a guilty plea is appropriate, a defense lawyer can present mitigating factors to obtain the lightest sentencing possible. If the judge orders the suspension of your driver’s license, your attorney will present the documentation required to obtain a limited driving privilege.
Contact Our New Jersey DWI Attorneys
A person charged with drunk driving should never go to court without experienced legal representation. The attorneys at The Law Offices of Jonathan F. Marshall are veteran New Jersey DUI / DWI defense attorneys. Our qualifications allow us to examine the state’s case against you and help you pursue the best outcome possible based on the facts surrounding your arrest, including avoiding jail time.
Phone 877-322-2865 now or fill out our online contact form to schedule a free initial consultation about the legal options for protecting you.
