New Jersey DWI Penalties

Factors That Aggravate and Mitigate

Courts often consider these circumstances to be aggravating and the defendant, therefore, deserving of greater punishment than the court would ordinarily impose:

  • an accident and its victims input
  • high breathalyzer readings (say 0.15 or more, depending on the court)
  • bad driving record offenses soon after restoration of driving privileges
  • poor relations with the police officers involved unusual or dangerous driving leading to the police stop
Courts also consider mitigating circumstances, which indicate that the defendant deserves less punishment:
  • low breathalyzer readings
  • good driving record
  • good relations with the police officers involved
  • otherwise careful or nonexistent driving
  • rehabilitation efforts
  • adverse affect on employment and family
However, the court can impose no less than minimum penalties required by law.

Statutory Penalties

Penalties for drunk driving and breath test refusal are very serious. Although not considered "crimes" in New Jersey, those who are convicted of these offenses are punished more severely than many people convicted of crimes. The current statutory penalties for drunk driving and breath test refusal, listed with the statutory reference authorizing each penalty, follow:

DWI

First

 

Second

 

Third

 

 

Breath Test Refusal

First

 

Second

 

Third

 

 

Underage DWI