What are the Potential Consequences of DUI-DWI?

There are numerous direct and collateral legal consequences associated with a conviction for Operating Under the Influence of Liquor or Drugs (N.J.S.A. 39:4-50), Refusal to Submit to Chemical Test Penalties (N.J.S.A. 39:4-50.4a), and Consent to Take Samples of Breath Record (N.J.S.A. 39:4-50.2) in the municipal courts of New Jersey. The direct consequences of a DUI-DWI offense are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. Examples of direct consequences associated with a DUI-DWI offense include imprisonment up to 180 days, forfeiture of driver's license for up to 8 years, installation of an ignition interlock device for up to 4 years, fine of up to $1,000.00, counseling requirements of the intoxicated driver's resource center (IDRC), and community service for 30 days. Examples of collateral consequences include immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, international travel restrictions (certain countries deny entry to travelers with DUI-DWI convictions), commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment of $1,000.00 per year for 3 years for the 1st and 2nd offenses; and $1,500.00 per year for 3 years for 3rd and subsequent offenses (N.J.S.A. 17:29A-35), 9 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix), prohibition from acquiring vanity (i.e. personalized) license plates for 10 years (N.J.A.C. 13:20-34.4), and loss of right to sue with no cause of action for recovery of economic or non-economic loss sustained as a result of an accident (N.J.S.A. 39:6A-4.5(b)).

The information above is a brief overview of the potential consequences associated with a DUI-DWI matter in Municipal Court. You should contact an experienced DUI-DWI defense attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.