Defense of New Jersey
DWI and Criminal Cases

A DUI conviction in New Jersey can have serious consequences for your driving privileges. If you are facing DUI charges, know that the state has a strict DUI law that imposes license suspensions or revocations upon conviction for many offenders. However, recent changes to the law could offer some leniency for first-time offenders. An experienced attorney practicing in the Law Offices of Bartholomew Baffuto can explain the potential outcomes and help you navigate these complex laws.

What Happens to Your Driving Privileges If You Get a DUI in New Jersey?

In New Jersey, a DUI conviction can result in significant consequences for your driving privileges. These include:

  1. First Offense. If your BAC is below 0.15%, you would be sentenced to an Ignition Interlock Device (IID) program instead of a license suspension. An IID requires you to blow into a breath tester before starting your car. The car won’t start if you have a BAC above a preset level. A BAC of 0.15% or higher on a first offense can still lead to a term of license suspension.
  2. Second Offense. A DUI conviction with a prior offense typically results in a license suspension of a one-year minimum and up to two years.
  3. Third Offense. A third DUI conviction in New Jersey carries the harshest penalties, including a mandatory license suspension for a term of eight years or even a permanent revocation.

The severity of the consequences for a DUI conviction depends largely on your BAC level and if you have any prior DUI offenses.

Insurance Impacts. A DUI conviction can result in drastically increased car insurance premiums or even cancellation of coverage.

If you’ve been arrested for a DUI, it’s crucial to contact a driving while intoxicated lawyer as soon as possible. A lawyer can protect your rights and work to minimize the long-term impact on your driver’s license.

Is a License Suspended Immediately After a DUI?

Your driver’s license is not immediately suspended in New Jersey after a DUI arrest. If you are arrested for DUI, the police will ask you to submit a breathalyzer test. If your BAC exceeds the legal limit or you refuse the test, any license suspension will only be imposed at sentencing following scheduling of a trial date. A defendant is presumed innocent and retains their driving privilege until convicted and sentenced.

What Happens If You Get a DUI in a Different State?

Getting a DUI in another state can still have a significant impact on your driving privileges in New Jersey. New Jersey is a member of the Interstate Driver License Compact (IDLC), an agreement between most U.S. states to share driving record information. If you are convicted of a DUI in another IDLC member state, it will likely be reported to New Jersey.

The New Jersey Motor Vehicle Commission (MVC) will send you a Notice of Scheduled Suspension. This notice informs you of the MVC’s intention to suspend your license and the suspension’s starting date.

You have the right to request a hearing to contest the license suspension. This hearing must be requested within a specific timeframe, usually indicated on the Notice of Scheduled Suspension.

If you don’t request a hearing, or if your hearing is unsuccessful, your license will be suspended for the stipulated period based on your BAC level, refusal of testing, or the number of prior offenses.

New Jersey may honor the penalties imposed by the state where you received the DUI. This could mean license suspension, fines, and other consequences in your home state of New Jersey. While you won’t be tried twice for the same offense, the penalties from the out-of-state DUI could still apply in addition to the administrative consequences imposed by NJMVC.

A DUI conviction in New Jersey has severe consequences. Possibilities include license suspension, fines, increased insurance rates, and sometimes even jail time. The best course of action if you’ve been arrested for DUI is to seek the help of an experienced DUI defense lawyer immediately. Protect your rights and your future by consulting with the Law Offices of Bartholomew Baffuto as soon as possible.

Contact a driving while intoxicated lawyer