New Jersey DWI Law Summary
Penalties for DWI conviction
in New Jersey
First
offense
Second
offense
Third
offense
DWI
and underage
Aggravating and Mitigating
Factors
Aggravating Factors.
These are circumstances that tend to make court believe
that a defendant deserves 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
Mitigating Factors. While
the court can impose no less than minimum penalties required
by law, it may consider mitigating factors. These are 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
Mandatory Minimum Sentences.
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 most people convicted of
crimes. The current statutory penalties for drunk driving
and breath test refusal, listed with the statutory reference
authorizing each penalty.
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