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DUI / DWI

DUI / DWI Charges in New Jersey

What You Need to Know – and How Mark Bailey Can Help

In New Jersey, drunk and drugged driving is taken extremely seriously. Whether people call it DUI or DWI, the law is found in N.J.S.A. 39:4-50, which makes it illegal to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both, or with a blood alcohol concentration (BAC) of 0.08% or higher.

A conviction can mean:

  • Loss or restriction of your driver’s license

  • Mandatory ignition interlock device (IID) on your vehicle

  • Fines, surcharges, and court costs

  • Mandatory Intoxicated Driver Resource Center (IDRC) classes

  • Possible jail time

  • A record that can affect employment, insurance, and more

On top of that, New Jersey’s implied consent law requires drivers to submit to a breath test when lawfully arrested for DWI—and refusing that test is a separate offense with its own penalties.

If you’ve been charged with DUI / DWI anywhere in New Jersey, you need an experienced defense lawyer who understands both the law and the local courts.

How Attorney Mark Bailey Approaches DUI / DWI Cases

Attorney Mark Bailey knows that a DWI charge can threaten your license, your job, and your reputation. He takes a hands-on, selective approach, limiting the number of cases he accepts so he can give each client the attention they deserve.

When you hire Mark Bailey, he will:

  • Review the stop and arrest – Was there a valid reason to pull you over? Did the officer follow proper procedures?

  • Examine field sobriety tests – Were they administered correctly? Were there medical or environmental issues that affected your performance?

  • Analyze Alcotest / breath test results – Was the machine properly calibrated, maintained, and operated as required by law?

  • Look at video, body cam, and reports to see if the evidence truly supports the charge

  • Explain every option clearly – including trial, negotiation, and possible alternative programs where available

His goal is to protect your license, reduce or avoid penalties, and challenge weak or flawed evidence wherever possible.

What Counts as DUI / DWI Under New Jersey Law?

Under N.J.S.A. 39:4-50, you can be convicted of DWI if the State proves that you:

  • Drove with a BAC of 0.08% or higher, or

  • Drove while under the influence of alcohol, narcotics, hallucinogens, or other drugs—even without a specific BAC reading

DWI is a traffic offense, not a criminal “indictable” offense, but the penalties are still serious and can feel very much like a criminal conviction. Drug-based DWIs (e.g., prescription meds, marijuana, other controlled substances) are treated similarly, often relying on a Drug Recognition Expert (DRE) instead of a BAC number.

New Jersey also has:

  • Under-21 DWI rules for drivers under the legal drinking age

  • Commercial driver’s license (CDL) standards, which are stricter and may lead to CDL disqualification

Penalties for DUI / DWI in New Jersey

DWI penalties in New Jersey depend on:

  • Your BAC level (for alcohol-related charges)

  • Whether this is a first, second, or third (or subsequent) offense

  • Whether there was an accident, injury, school zone factors, or other aggravating circumstances

Because the law has been amended several times—especially with respect to ignition interlock devices—the exact penalties can be complex. Below is a general overview.

First-Offense DWI

For a typical first offense (adult, non-CDL driver), penalties may include:

  • Fines in the hundreds of dollars

  • Mandatory Intoxicated Driver Resource Center (IDRC) attendance

  • Possible short jail term (up to 30 days, though jail is often avoided for first offenders)

  • License suspension or restriction, often tied to ignition interlock use

  • Ignition interlock device (IID) during and/or after suspension

  • MVC surcharges and other mandatory assessments

Recent changes in New Jersey law emphasize IID use over long license suspensions, and courts now have specific guidance on how interlock credit can apply if a device is installed early.

Second-Offense DWI

A second offense carries significantly harsher consequences, including:

  • Longer license suspension (often measured in years, not months)

  • Higher fines

  • Mandatory jail time, with a minimum period that must be served

  • Longer ignition interlock requirements

  • Increased MVC surcharges

  • Community service and continued IDRC involvement

Third or Subsequent DWI

A third DWI (or more) in New Jersey is extremely serious and can include:

  • A lengthy license suspension (often 8–10 years under typical schedules)

  • A mandatory jail term, which can be up to 180 days (sometimes with a portion served in an inpatient rehab program)

  • High fines and long-term surcharges

  • Long-term ignition interlock requirements

At this level, having a skilled defense lawyer can be the difference between years of hardship and a more manageable outcome.

Refusing the Breath Test – Implied Consent in New Jersey

New Jersey’s implied consent law (N.J.S.A. 39:4-50.2 and 39:4-50.4a) says that by driving on New Jersey roads, you agree to submit to a breath test if lawfully arrested for DWI. a separate offense with its own penalties, which can include:

  • License suspension even if the DWI is not proven

  • Fines starting in the hundreds of dollars, increasing with repeat offenses

  • Mandatory ignition interlock

  • IDRC attendance and MVC surcharges

In other words, you can be penalized both for DWI and for refusal. These cases are very technical, and many defenses center on whether the officer properly advised you of your rights and obligations.

Ignition Interlock Devices (IID) in New Jersey

New Jersey now requires ignition interlock devices in many DWI and refusal cases under N.J.S.A. 39:4-50.17.

Key points:

  • Courts must often order an IID during and after any license suspension

  • The device prevents the car from starting unless you blow an alcohol-free sample

  • Newer laws and court directives provide rules for crediting early IID installation toward required interlock periods

Mr. Bailey can help you understand how IID rules apply in your case and how to minimize the impact on your ability to work and care for your family.

Defenses and Strategies in DUI / DWI Cases

Every case is different, but common defense themes include:

  • Illegal stop: Police lacked a lawful reason to pull you over

  • Improper field sobriety tests: Conducted on uneven surfaces, in bad weather, or without following standardized procedures

  • Breath test issues: Calibration, maintenance, operator error, medical conditions, or contamination that undermine the reliability of the Alcotest result

  • Rising BAC: Alcohol level increased between the time of driving and the time of testing

  • Drug DWI proof problems: Lack of credible expert testimony or scientific support for “under the influence”

Mark Bailey will carefully review the evidence, consult with experts when necessary, and look for every opportunity to challenge the State’s case.

Why You Shouldn’t Just “Plead Guilty and Move On”

Because DWI is technically a traffic offense in New Jersey (not a traditional criminal felony), many people are tempted to plead guilty quickly just to be done with it.

That can be a costly mistake.

A DWI conviction can:

  • Take your license when you need it most

  • Raise your insurance premiums for years

  • Trigger job, professional license, and immigration consequences

  • Make any future DWI much more serious

Before you make any decision, you should talk to an attorney who can explain what’s at stake and what can be done to protect you.

The Law Office of Mark A. Bailey is dedicated to defending drivers, protecting licenses, and fighting to reduce or avoid harsh penalties.

Contact Mark Bailey today for a confidential consultation to discuss your DWI charge, your rights, and the best strategy for moving forward.