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How Long Does a DUI Stay on Your Record and Affect Your Insurance in New Jersey?

On Behalf of | Sep 26, 2019 | Auto Accidents |

A conviction of driving under the influence (DUI) of alcohol or drugs can have a long-term impact on your life. Particularly in the state of New Jersey.

New Jersey’s ten-year “step-down” provision

New Jersey’s laws for driving under the influence (DUI) include what is known as a ten-year “step-down” provision. This provision states that, if more than ten years has passed between an individual’s first and second DUI offenses, then the judge is required to treat the second DUI offense as if it was the first offense. Furthermore, if a third DUI occurs more than ten years after the second offense, the court is required to treat it as a second offense. This step-down provision affects the jail sentence that the judge may impose. It does not affect any administrative penalties such as the imposition of fines, license suspension, or installation of an ignition interlock device (IID).

You don’t need to be actually driving to get a DUI in New Jersey

You may think that you need to be driving out on the road to be charged with driving under the influence (DUI) or driving while intoxicated (DWI). Not so in New Jersey. In New Jersey, you are considered “operating” a vehicle for purposes of the law once you “manipulate the machinery of the vehicle for the purpose of putting the car in motion.” You can be charged with DUI or DWI if your blood alcohol concentration (BAC) is .08% or higher, regardless of whether your ability to drive was actually impaired.

Penalties for DUI in New Jersey

In New Jersey, if you are convicted of a DUI with a BAC of 0.08% to 0.10%, on your first offense, you are subject to:

  • Revocation of driver’s license for three months
  • Jail time of up to 30 days
  • Mandatory participation in alcohol education program
  • Fine of $250-$400
  • Fees of $505
  • Surcharge of $1,000/year for three years

For a second offense within ten years of the first offense, you are subject to:

  • Revocation of driver’s license for two years
  • Jail time of 2 to 90 days
  • Mandatory participation in alcohol education program
  • Thirty days of mandatory community service
  • Installation of an ignition interlock device in your vehicle
  • Fine of $500-$1,000
  • Fees of $555
  • Surcharge of $1,000/year for three years

For a third offense within ten years of the second offense you are subject to:

  • Revocation of driver’s license for ten years
  • Jail time of 180 days
  • Mandatory participation in alcohol education program
  • Up to 90 days of mandatory community service
  • Installation of an ignition interlock device in your vehicle
  • Fine of $1,000
  • $555 in fees
  • Surcharge of $1,500/year for three years

A DUI impacts your insurance coverage

Because a DUI charge becomes part of your permanent driving record in New Jersey, it will negatively impact your insurance coverage. Serious driving violations such as driving under the influence (DUI) will result in a significant increase in your car insurance in the state of New Jersey. In fact, a DUI conviction typically results in a larger rate increase than any other driving infraction, including a car accident or reckless driving.

Facing a DUI? Our skilled New Jersey DUI lawyers can help

Facing a charge of driving under the influence (DUI) of alcohol or drugs can be frightening and can impact your life long-term. We can help. At Lomurro Law, our criminal defense team is experienced, knowledgeable, and dedicated to aggressively fighting the charges brought against you. Arrange a confidential consultation by contacting our office at 732-482-9285 or contact us online. We serve all of Monmouth County, including Asbury Park, Long Branch, Freehold Township and Wall Township.