DUI – Drunk Driving FAQs | Law Office of James J. Sayegh

DUI / Drunk Driving:

What is a DUI/DWI?
What should I do after I am arrested and charged with a drunk driving offense?
What BAC level constitutes a DUI / DWI?
What are the fines and penalties involved if this was my first DUI / DWI?
What if I was charged with my first DUI / DWI in a SCHOOL ZONE (e.g. within 1000 feet of a school)?
What happens if my license was already suspended or revoked when I was charged with drunk driving?
What happens if my license was already suspended or revoked and I was charged with drunk driving in a school zone?
Can subsequent DUI / DWI offenses be plea bargained?
Can a subsequent DUI / DWI charge be "beaten"?

DUI - Subsequent Offenses:
What should I do after I am arrested and charged with my 2^nd or 3rd drunk driving offense?
Are the fines and penalties for a 2^nd or 3^rd DUI / DWI offense "enhanced"?
Is there a "step down" provision for subsequent DUI / DWI offenses?
What happens if my license was already suspended or revoked when I was charged with drunk driving?
What happens if my license was already suspended or revoked and I was charged with drunk driving in a school zone?
Can subsequent DUI / DWI offenses be plea bargained?
Can a subsequent DUI / DWI charge be "beaten"?

Breath Test Refusal:
What happens if my license was already suspended or revoked when I was charged with drunk driving?
Can I refuse to submit to a breath test?
What happens if I refuse to take the breath test?
Can I be charged with a DUI / DWI and a Breath Test Refusal simultaneously?
Can the refusal charge be dismissed if I plead guilty to the drunk driving charge?
What if I was under 21 years of age when I was arrested for drunk driving?

DUI / Drunk Driving:
Question: What is a DUI/DWI?
Answer: In New Jersey, offenses categorized as DUI or DWI both refer to as drunk driving or, more specifically, as operation of a motor vehicle while intoxicated or under the influence of drugs and/or alcohol. The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a breathalyzer or the new Alcotest. A person with a BAC of 0.08% or greater who operates a motor vehicle is considered to be driving while intoxicated (DUI).

Question: What should I do after I am arrested and charged with a drunk driving offense?
Answer: Call my office as soon as possible to schedule a free consultation. I will evaluate your account of the facts and advise you with regard to the possible fines and penalties you may be facing and the proper course of action.

Question: What BAC level constitutes a DUI / DWI?
Answer: You may be found guilty if your BAC was .08% or greater.

Question: What are the fines and penalties involved if this was my first DUI / DWI?
Answer: For a first offense, you are subject to the following fines and penalties:

Alcohol or Drug related DUI / DWI with BAC of 0.10% or greater

License loss

Fines, fees & surcharges

Prison term

Community service

7 months -

1 year

$300-$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) DMV surcharge
$75 to Neighborhood Services Fund

Up to 30 days

12-48 hours IDRC*

Alcohol or Drug related DUI / DWI with BAC greater than 0.08% but less than 0.10%
License loss	Fines, fees & surcharges	Prison term	Community service
3 months	$250-$400 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) DMV surcharge $75 to Neighborhood Services Fund	Up to 30 days	12-48 hours IDRC*

* IDRC - Intoxicated Driver Resource Center
* AERF - Alcohol Education and Rehabilitation Fund

Question: What if I was charged with my first DUI / DWI in a SCHOOL ZONE (e.g. within 1000 feet of a school)?
Answer: The fines and penalties will be increased dramatically. For example, a first offense DUI / DWI in a school zone could cause you to lose your license for up to 2 years and pay a fine of $600.00 - $1,000.00.

Question: What happens if my license was already suspended or revoked when I was charged with drunk driving?
Answer: If convicted, you will be fined an additional $500. Also, your license will be suspended for an additional period of one to two years. In addition, you will be sentenced to jail for a period of 10 to 90 days.

Question: What happens if my license was already suspended or revoked and I was charged with drunk driving in a school zone?
Answer: In addition to the fines and license suspension mentioned above, you will be sentenced to jail for 60 to 90 days for a first offense.

Question: Can my first DUI / DWI offense be plea bargained?
Answer: NO! The NJ Supreme Court has precluded plea bargaining for drunk driving offenses. If your case goes to trial, the prosecution must prove every element of the charged offense beyond a reasonable doubt. However, if the police lacked probable cause to arrest you for drunk driving or if the breath test was improperly administered or if the machine itself was malfunctioning, you may be able to have the charges reduced or dismissed.

Question: Can a DUI / DWI charge be "beaten"?
Answer: YES, but you can't do it alone! The first step towards beating a drunk driving charge is retaining a lawyer who can examine the facts of your case and the evidence the prosecution intends to use against you at trial. At that point, we can determine whether it would be more beneficial for you to enter a plea or go to trial. Call the Law Office of James J. Sayegh to schedule a free consultation today!

DUI - Subsequent Offenses:

Question: What should I do after I am arrested and charged with my 2^nd or 3rd drunk driving offense?
Answer: Call my office as soon as possible to schedule a free consultation. I will evaluate your account of the facts and advise you with regard to the possible fines and penalties you may be facing and the proper course of action.
Question: Are the fines and penalties for a 2^nd or 3^rd DUI / DWI offense "enhanced"?
Answer: YES. The fines and penalties for a second or third DUI / DWI are greater than those of a first offense. For a second or third DUI / DWI offense, you may be facing the following fines and penalties:

	Alcohol or Drug related DUI / DWI with BAC of 0.10% or greater
		License Loss	Fines, Fees & Surcharges	Prison Term	Community Service
2nd Offense within 10 years		2 years	$500-$1,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) DMV surcharge $75 to Neighborhood Services Fund	48 hours- 90 days School Zone: 96 hours - 180 days	30 days and 12-48 hours IDRC*
3rd Offense within 10 years of 2nd offense		10 years	$1,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,500/year (for 3 years) DMV surcharge $75 to Neighborhood Services Fund	180 days	Up to 90 days (can reduce period of imprisonment) and 12-48 hours IDRC*

*IDRC - Intoxicated Driver Resource Center
*AERF - Alcohol Education and Rehabilitation Fund

Question: Are there sentence enhancements for subsequent DUI / DWI offenses committed within 1000 feet of a school?
Answer: YES! A second DUI / DWI committed in a school zone carries a fine of $500 to $1000 and license suspension for a period of 4 years. You will be sentenced to a jail for term of 96 hours to 180 days. A third offense committed within in a school zone carries a fine of $2000.00, a $1500 DMV surcharge per year for three years and license suspension for a period of 20 Years.

Question: Is there a "step down" provision for subsequent DUI / DWI offenses?
Answer: YES! A second DUI / DWI will be treated as a first offense for sentencing purposes if it is committed more than 10 years after your first offense. A third DUI / DWI will be treated as a second DUI / DWI for sentencing purposes if it is committed more than 10 years after your second offense.

Question: Can subsequent DUI / DWI offenses be plea bargained?
Answer: NO! The NJ Supreme Court has precluded plea bargaining for ALL drunk driving offenses, regardless of whether it is your first, second or third offense. If your case goes to trial, the prosecution must prove every element of the charged offense beyond a reasonable doubt. However, if the police lacked probable cause to arrest you for drunk driving or if the breath test was improperly administered or if the machine itself was malfunctioning, you may be able to have the charges reduced or dismissed.

Question: Can a subsequent DUI / DWI charge be "beaten"?
Answer: YES, but you can't do it alone! The first step towards beating a subsequent drunk driving charge is retaining a lawyer who can examine the facts of your case and the evidence the prosecution intends to use against you at trial. At that point, we can determine whether it would be more beneficial for you to enter a plea or go to trial. Call the Law Office of James J. Sayegh to schedule a free consultation today!

Breath Test Refusal:

Question: What should I do after I am arrested and charged with drunk driving offense and/or refusal to submit to a breath test?
Answer: Call my office as soon as possible to schedule a free consultation. I will evaluate your account of the facts and advise you with regard to the possible fines and penalties you may be facing and the proper course of action.

Question: Can I refuse to submit to a breath test?
Answer: NO. By operating a motor vehicle on New Jersey roads, you give consent, which is referred to as "implied consent," to a breath test. If you refuse to take a breath test you can be arrested and taken to a hospital where hospital staff may draw blood.

Question: What happens if I refuse to take the breath test?
Answer: You will be charged with refusal. Depending on whether this was your first or a subsequent offense, the penalties will be as follows:

Offense	License loss	Fines, fees & surcharges	Program requirement
1^st	7 months - 1 year 1-2 years; school zone	$300-$500 fine $600-$1,000 fine; school zone $230/day IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund	12 hours minimum IDRC*
2^st	2 years 4 years; school zone	$500-$1,000 fine $1,000-$2,000 fine; school zone $230/day IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund	12 hours minimum IDRC*
3^st and subsequent	10 years 20 years; school zone	$1,000 fine $2000 fine; school zone $230/day IDRC* fee $100 to drunk driving fund $100 to AERF* $1,500/year (for 3 years) surcharge $75 to Neighborhood Services Fund	12 hours minimum IDRC*

* IDRC - Intoxicated Driver Resource Center
* AERF - Alcohol Education and Rehabilitation Fund

Question: What if I was charged with my first breath test refusal in a SCHOOL ZONE (e.g. within 1000 feet of a school)?
Answer: The fines and penalties will be increased dramatically. For example, you could cause you to lose your license for up to 2 years and be forced to pay a fine of $600.00 - $1,000.00.

Question: Can I be charged with a DUI / DWI and a Breath Test Refusal simultaneously?
Answer: Yes. The two constitute separate offenses; therefore you can be charged with and convicted of both. If that happens, your license will be suspended for consecutive sentences. The length of the suspensions depends on whether this is your first or a subsequent offense.

Question: Can the refusal charge be dismissed if I plead guilty to the drunk driving charge?
Answer: Yes, it is possible. A judge may, upon recommendation of the prosecutor, dismiss the refusal charge in exchange for a guilty plea to the drunk driving charge.

Question: What if I was under 21 years of age when I was arrested for drunk driving?
Answer: If your BAC was .01% or higher, the fines and penalties you could be facing are as follows: 1) 30 to 90 day license suspension; 2) 15 to 30 days mandatory community service and 3) Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center (IDRC). If your BAC is .08% or higher, the fines and penalties will be the same as those imposed on other drivers, regardless of age (see DUI / Drunk Driving or Drunk Driving - Subsequent Offenses).

NOTE: If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30 to 90 day delay in the processing your driver's license.

DUI/Drunk Driving FAQs

DUI / Drunk Driving: