Drunk Driving – New Jersey vs. Pennsylvania – The heat isn’t the only thing that can make summer uncomfortable
It is hot! It is really hot and it’s not expected to let up this weekend in Pennsylvania or New Jersey; temperatures could reach 100! The heat can obviously make things hard, especially if you can’t find relief or have to work outside during it. A drunk driving charge, however, can have consequences which could last much longer than this heat.
Our criminal defense lawyers represent clients in both of these states. One of the most common cases that we handled is drunk driving (DUI/DWI). During the summer months, drunk driving arrests increase in both states because of an increased police presence on the roads and highways in Pennsylvania and New Jersey. Many will travel to the Jersey shore for a vacation, a weekend, or simply an evening out with friends (followed by a very late/early morning drive back to Pennsylvania.)
While Pennsylvania and New Jersey share borders and bridges, the two states have different approaches to drunk driving. Our office has a great deal of experiences defending these matters on both sides of the river. We have achieved some great results for clients who were previously facing months in jail, long license suspensions and fines.
Read my DUI strategy book!
If you would like more information on DUI defense, I encourage you to download a copy of my book. All of my criminal defense strategy books are free and available at GAMBONELAW.COM. You can always call our office to schedule a free consultation with me.
The purpose of this blog is to quickly summarize the penalties for drunk and drugged driving in Pennsylvania and New Jersey.
Timing is everything in a drunk driving case!
One important point in any drunk driving case is time. Never underestimate time in a drunk driving case. In can make all of the difference! In New Jersey, unlike in Pennsylvania, police only must administer the chemical test (called the “Alcotest” in New Jersey) within a “reasonable time period” following the observance of the impaired driving. See NJ 39:4-50(a) and State v. Tischio, 107 N.J. 504 (1987).
In Pennsylvania there is the “2 hour rule” which requires chemical testing within that time period in the absence of some other justification. See 75 Pa.C.S.A § 3802.
If you’re charged with DUI in Pennsylvania or New Jersey, DO NOT simply take the prosecution’s “deal” no matter how great it sounds. Speak to the criminal defense attorney and don’t let the prosecution, the police, a state trooper, or a judge intimidate you! Understand your constitutional rights and make an informed decision with your lawyer.
New Jersey Mandatory DUI Fines and Penalties
| 1st OFFENSE – Blood Alcohol Content (“BAC”) greater than 0.08% but less than 0.10% | ||||
| License Suspension | Fines, fees & surcharges | Prison term | Community service, IDRC & Interlock | |
| 3 months | $250–$400 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund | Up to 30 days | 12–48 hours IDRC* |
| 1st Offense – Alcohol or drug related DUI with a BAC of 0.10% or greater | ||||||||
| License Suspension | Fines, fees & surcharges | Prison term | Community service, IDRC & Interlock | |||||
| 7 months– 1 year | $300–$500 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund | Up to 30 days | 12–48 hours IDRC* BAC 0.15% or greater: ignition interlock device during license suspension and 6 months – 1 year following restoration | |||||
| Repeat DUI convictions | ||||||||
| Offense | License loss | Fines, fees & surcharges | Prison term | Community service, IDRC & Interlock | ||||
| 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) surcharge $75 to Neighborhood Services Fund | 48 hours– 90 days | 30 days CS 12–48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration | ||||
| 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) surcharge $75 to Neighborhood Services Fund | 180 days | Up to 90 days CS (can reduce period of imprisonment) 12–48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration | ||||
*IDRC – Intoxicated Driver Resource Center
*AERF – Alcohol Education and Rehabilitation Fund
- Underage drinking may cause a six-month delay in getting a license
- Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
Pennsylvania Mandatory DUI Fines and Penalties (3 Tiers)
Contact Our Criminal Defense Lawyers in PA & NJ
Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.
