The Difference Between Nj And Pa DUI/DWI Charges

The summer is quickly approaching and many of us 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 cases 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.

If you would like more information on DUI defense, I encourage you to download a copy of my book and read the chapter on DUI. You should read my previous articles on DUI in my blog or watch my videos. In these pieces I discuss, probable cause to arrest, field sobriety testing, blood testing, Breathalyzer calibration, chain of custody and chemical testing refusals. All of these resources are free and available at GAMBONELAW.COM. You can always call our office to schedule a free consultation with me.

Right now, I’m just giving you a brief summary of the law.  In closing, please note that 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 are 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 right 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.