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:
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