First Offense DUI/DWI

Understanding a First Offense DUI/DWI in New Jersey

A Life-Changing Legal Matter

A first-time DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) offense is far more than a traffic citation — it’s a legal event that can affect your livelihood, freedom, finances, and reputation for years to come. While it might seem like a single lapse in judgment, New Jersey law treats DUI/DWI offenses with high seriousness. Regardless of whether your BAC (Blood Alcohol Content) was just over the 0.08% legal limit or significantly above, the consequences are substantial and lasting.

At Omojola Law, we know how overwhelming it can be to face DUI charges for the first time. Our legal team is here to provide informed, aggressive, and compassionate representation to protect your rights and your future.

Penalties for a First Offense DUI/DWI with BAC of 0.08% to 0.10%

What You Can Expect

• Monetary Fines and Court Costs: Fines range from $250 to $400. These fines don’t include court fees, DMV surcharges, and mandatory contributions to state funds like the Safe Neighborhood Fund and Alcohol Education and Rehabilitation Fund.
• Jail Time: While jail is rare for first-time offenders, the law allows judges to impose up to 30 days in jail depending on case factors such as reckless behavior or endangerment of minors.
• License Suspension: You may face a 90-day suspension of your driver’s license. The court will likely mandate the installation of an ignition interlock device (IID) before driving privileges are restored.

Mandatory Intoxicated Driver Resource Center (IDRC) Program

Education and Evaluation Requirement

All first-time DUI/DWI offenders are required to participate in New Jersey’s IDRC program. This mandatory program serves both punitive and rehabilitative purposes and includes the following:

• Attendance for two consecutive days
• Each session lasts a minimum of six hours
• Education on substance abuse and driving safety
• Evaluation to determine if additional treatment is necessary

Failure to complete the IDRC requirements can result in extended license suspension and potential jail time. The program also provides referrals for further counseling or treatment if substance dependency is suspected.

Insurance Surcharge

Financial Consequences Beyond the Courtroom

In addition to court fines and fees, the New Jersey Motor Vehicle Commission imposes a mandatory surcharge of $1,000 per year for three years. This surcharge is a non-negotiable cost of a DUI conviction and failure to pay can lead to further license suspension and collection efforts by the state.

Ignition Interlock Device (IID)

Driving Under Restriction

Even after you regain the legal ability to drive, you are required to install an IID in your vehicle. This breathalyzer-like device requires a clean breath sample before your car will start. Key facts about IIDs:

• Must remain installed for at least 3 months post-suspension
• Applies to any vehicle the offender intends to operate
• Offenders must pay for installation, calibration, and monthly monitoring
• Typical annual cost ranges from $500 to $1,200

First Offense DUI/DWI with BAC of 0.10% to 0.15%

Enhanced Penalties for Higher BAC Levels

If your BAC falls between 0.10% and 0.15%, New Jersey law imposes even stricter penalties for a first DUI/DWI offense. This reflects the increased danger posed by higher levels of intoxication. Consequences include:

• Increased Fines: $300 to $500 in court-imposed fines
• Extended License Suspension: 7 to 12 months of driver’s license suspension
• Mandatory IID Installation: IID must be installed for 7 months to 1 year after license restoration
• IDRC Program: Attendance remains mandatory; however, higher BAC offenders are more likely to be referred for extended treatment

Consequences for Commercial Drivers (CDL Holders)

Harsher Standards, Higher Stakes

New Jersey enforces strict regulations for commercial drivers. If you’re operating a commercial vehicle with a BAC of 0.04% or higher, you can be charged with DUI/DWI—even if that level is under the general legal limit.

• CDL Legal Limit: 0.04% BAC
• Penalties: One-year suspension of commercial driving privileges for a first offense
• Additional Consequences: CDL suspension is in addition to standard license penalties
• Employment Risks: A CDL DUI offense can result in job loss and future disqualification from commercial driving roles

For many professional drivers, a first DUI/DWI offense could mean the end of a career.

The Ignition Interlock Device Explained

Understanding the Technology and Its Impact

The IID is a small electronic breathalyzer attached to your vehicle’s ignition. It prevents the vehicle from starting if alcohol is detected on your breath. Beyond the inconvenience, the device adds a significant financial and emotional burden to your post-DUI life.

• Devices require calibration and monitoring every 30-60 days
• Any attempt to bypass or tamper with the IID can result in extended restrictions or criminal penalties
• Some employers may prohibit the use of IID-equipped vehicles

IIDs are required by New Jersey law, and failure to install one can lead to re-suspension of your driving privileges.

The IDRC Program Requirements

Rehabilitation, Not Just Punishment

The IDRC is more than a class—it’s a comprehensive assessment of your alcohol use and risk of re-offense. It involves:

• Educational sessions on the effects of drugs and alcohol
• Screenings to determine the need for additional treatment
• Group discussions and peer interaction
• Referral to counseling or outpatient programs if necessary

The IDRC’s role is central to DUI sentencing in New Jersey, and failure to comply will delay license restoration and may result in additional jail time.

Long-Term Impact of a DUI Conviction

More Than Just a Fine

A first DUI/DWI in New Jersey may not be classified as a criminal offense, but its effects are long-lasting:

• Permanent Record: DUI remains on your driving record permanently
• Employment Challenges: Many employers view DUI as a red flag, particularly in jobs involving driving, childcare, healthcare, or finance
• Auto Insurance: Your premiums may increase dramatically or your coverage may be dropped altogether. High-risk plans often cost three times more than standard coverage

Defending a First DUI Offense

Fighting for Your Rights and Freedom

Just because you’ve been charged with a DUI doesn’t mean you’re guilty. There are numerous defenses that an experienced attorney can use to challenge the charges and reduce or eliminate penalties. At Omojola Law, we explore every possible defense angle to protect your rights.

Challenging BAC Readings

• Calibration Issues: Breathalyzers must be properly calibrated and maintained. We investigate maintenance records to identify device errors.
• Health Conditions: Medical issues such as GERD, diabetes, or certain medications can affect BAC readings.
• Improper Testing Procedure: We review how the breath or blood test was administered to check for protocol violations.

Unlawful Stops

If the officer didn’t have reasonable suspicion or probable cause to stop your vehicle, the entire case could be dismissed. We examine body cam footage, dash cam video, and police reports for inconsistencies or rights violations.

Field Sobriety Tests

• Unreliable Conditions: Poor weather, lighting, footwear, or medical conditions can affect test performance.
• Subjective Judgment: These tests rely on the officer’s opinion, which we challenge through cross-examination and attorney testimony.

Why You Need a DUI Attorney

The Right Lawyer Can Change Everything

Many people underestimate the importance of hiring a qualified DUI attorney for a first offense. The truth is, even a single mistake on your record can have lasting consequences. An experienced DUI lawyer offers the following advantages:

• Rights Protection: Ensures you’re not taken advantage of during legal proceedings
• Plea Bargaining: Negotiates with prosecutors for lesser charges or alternative sentencing
• Program Access: Helps you qualify for diversion programs, IDRC alternatives, or reduced suspensions
• Minimized Penalties: Avoids or reduces jail time, fines, and license suspension

At Omojola Law, we’ve helped countless first-time offenders reduce their penalties, retain their licenses, and move on with their lives. Our attorneys have deep knowledge of New Jersey DUI law and the local courts.

What To Do Next

Steps to Take Immediately After a DUI Charge

If you’ve been charged with DUI/DWI in New Jersey, taking immediate action can significantly improve your outcome. Here’s what to do:

• Act Quickly: Legal deadlines come fast, and delaying can limit your defense options
• Document Everything: Write down the events of the stop, including what the officer said and how tests were administered
• Avoid Social Media: Don’t discuss your case online — it could be used against you
• Hire a Lawyer: The sooner you call Omojola Law, the sooner we can start building your defense

Contact Omojola Law Today

Get the Legal Help You Deserve

If you or someone you love is facing a first-time DUI/DWI charge, don’t go it alone. Our experienced team will guide you through every step and fight for your rights and future. Let us help you avoid the harshest penalties and move forward with confidence.
For official penalty details, visit the New Jersey DUI Penalty Guide or review NJ MVC license suspension information for first-time offenders.

📞 Call now to schedule a free, confidential consultation with a DUI attorney at Omojola Law.