If you’ve been arrested for the first time for driving under the influence (DUI), you may be confused and concerned about what penalties and consequences you are facing. You’ve probably had plenty of people tell you what to expect or which penalties you could face. But keep in mind that DUI laws vary from state to state and there are multiple factors that can affect the outcome of your case.
If you’re facing a DUI charge, your best information will come from the advice and guidance of an attorney familiar with DUI law. A qualified attorney will be able to review your case and your legal and driving history and inform you of what sanctions are likely. Your attorney will also be able to develop an appropriate defense to ensure your rights are protected throughout the legal process.
If you’re facing a DUI charge in New Jersey, call Dash Farrow LLP – 856-235-8300.
Factors Affecting a First DUI Offense
All persons arrested for any charge are presumed innocent until proven guilty. DUI is no different in this respect. You will have the opportunity to enter a plea and may be tried by a jury. The prosecution will present evidence, and the court will consider several factors when determining your guilt as well as which penalties you will face.
Several factors or pieces of evidence can affect the outcome of your case including but not limited to the following.
- Blood alcohol level (BAC): Even in first DUI cases, if your BAC was 0.10 or higher, you may face more serious charges under New Jersey law.
- Bodily harm: If you were in a DUI accident where someone was injured as a result of your actions, even with a first DUI you could be facing felony charges as well as more severe consequences.
- Evidence: If the police have a BAC result, a video of you acting belligerently, or other evidence of your intoxication, it could affect your case and whether you are ultimately convicted.
Penalties for a First DUI Offense in New Jersey
As noted above, there are many factors that can affect your case, but the following guidelines for penalties are typically standard for most first offenders in New Jersey without extenuating circumstances affecting their case.
- Fines: If your BAC was above 0.08 but lower than 0.10, you can face a $250 to $400 fine, a $1,000/year surcharge for three years, and other fees. If your BAC was 0.10 or higher, these fines and fees increase.
- Driver’s license suspension: License suspension for a first-time offender in New Jersey is three months if your BAC was higher than .08 and less 0.10. If reading is over .10, suspension lasts 1 year.
- Jail: You could face up to 30 days in prison whether your BAC was between 0.08 and 0.10 or was 0.10 and higher.
- Other penalties: You could also face 12 to 48 hours at an Intoxicated Driver Resource Center. If your BAC was 0.15 or higher, you could have to use an ignition interlock device during your license suspension and then for another six months to a year after restoration of your license.
Keep in mind that penalties can vary from case to case. For a better understanding of your case and the penalties you might face, bring it to an attorney in your area.
Dash Farrow, LLP Helps New Jersey Drivers Arrested for DUI
Dash Farrow, LLP is a New Jersey-based law firm that handles DUI cases. If you’re facing your first DUI charge (or a subsequent charge) and need help understanding and navigating the legal process, we can help you. Our team can help you prepare a defense that works for your individual case. Call us today at 856-235-8300 to set up a consultation to discuss your case with an attorney.