Halloween DWI Charges | What do I Need to Know?

People celebrate Halloween in many different ways. Sometimes, these activities can involve alcohol. While everyone has the right to celebrate holidays this way, they do not have the right to operate a vehicle while under the influence. Drivers who do so in the state of New Jersey can face serious consequences as a result of their actions. Continue reading below to learn more about these consequences and contact an experienced New Jersey DWI defense attorney if you were charged with a DWI over the Halloween weekend.

What are the Consequences of a First Offense?

If you were found driving with a blood alcohol concentration (BAC) over the legal limit of 0.08% but under 0.10%, you can receive a DWI charge. If this was your first time, you can face the following consequences:

• License suspension until the date of installation of the ignition interlock device, then the interlock device remains on the vehicle for 3 months
• A $250-$500 fine
• 12-48 hours at the Intoxicated Driver Resource Center (consecutive days or overnight)
• Up to 30 days of jail time
• A $1000 yearly surcharge for 3 years
• A $50 Victims of Crime Compensation Board Penalty
• A $100 Alcohol Education and Rehabilitation Fund fee
• A $100 Drunk Driving Fund fee
• A $75 Neighborhood Services Fund fee

It is important to note that drivers who have a BAC between .10% and .15% for their first offense can face a license suspension until they install an interlock device. 

What are the Consequences of a Second Offense?

If you were pulled over by law enforcement with a BAC of 0.08% or more and it is your second DWI offense, you can face the following consequences?

• Up to 90 days of jail time
• A 1-2 year loss of license
• Interlock device installation during the term of license suspension 
• 2-4 years interlock installation after privileges restored
• A $1000 yearly surcharge for 3 years
• 48 hours in the Intoxicated Driver Resource Center (overnight)
• A $500-$1000 fine
• A $50 Victims of Crime Compensation Board Penalty
• A $100 Alcohol Education and Rehabilitation Fund fee
• A $100 Drunk Driving Fund fee
• A $75 Neighborhood Services Fund fee

What are the Consequences of a Third Offense?

If you receive a third DWI charge within 10 years of your first charge, you can face the following consequences:

• 180 days of jail time (90 of which can be spent in an inpatient facility)
• An 8-year loss of license with an interlock installed during the term
• 2-4 years interlock after privileges are restored
• IDRC referral
• A $1500 yearly surcharge for 3 years
• A $1000 fine
• A $100 Alcohol Education and Rehabilitation Fund fee
• A $100 Drunk Driving Fund fee
• A $50 Victims of Crime Compensation Board Penalty
• A $75 Neighborhood Services fund fee

Contact our Firm

Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.