Drunk Driving FAQ’s

Thursday, September 25th, 2008 | Drunk Driving


Covered in this article:

  • What are the fines and penalties that I face if I am convicted of drunk driving?
  • If I am convicted, can I get a license just to drive to and from work?
  • If I receive my ticket in a state other than the one in which I am licensed can I continue to drive in my home state?
  • What are the chances of a non-conviction if I am charged?

Note: Proper representation is a must in this area; consult Kamensky♦Cohen.

What are the fines and penalties that I face if I am convicted of drunk driving?

In NJ: (for PA see below)

Incarceration Driver’s License Fines Additional Sanctions
1st offense up to 30 days in jail not less than 6 months or more than 1 year suspension of driving privileges $250 up to $500* in fines Safe driver classes and alcohol evaluation
2nd offense up to 90 days in jail 2 years suspension of driving privileges $500 up to $1000* Safe driver classes, alcohol evaluation, 30 days community service and ignition interlock.
3rd offense Minimum 6 months in jail 10 years suspension of driving privileges $1000* Installation of “Ignition Interlock”
*In addition, the Department of Motor Vehicles will assess $3,000 in surcharges payable over 3 years

In PA:

Incarceration Driver’s License Fines Additional Sanctions
1st offense* 0 to 3 days minimum jail time. Up to 1 year suspension of driving privileges Fines $300-$5,000. Safe driver classes
2nd offense Not less than 5 or more than 90 days minimum jail time. Up to 18 months suspension of driving privileges Fines $300-$10,000 Safe driver classes,  ignition interlock.
3rd offense 10 days to 1 year minimum jail time. Up to 18 months suspension of driving privileges Fines $500 to $10,000. Safe driver classes, ignition interlock.
4th offense Not less then 1 year minimum jail time. Up to 18 months suspension of driving privileges Fines $500 – $10,000 Safe driver classes, ignition interlock.
*Conviction can sometimes be avoided through utilization of the ARD (Accelerated Rehabilitative Disposition) Program. This will result in the possibility of lesser fines, no jail and shorter suspension of privileges, possibly even no suspension. Please make an appointment to discuss.

If I am convicted, can I get a license just to drive to and from work?
Not in NJ. In PA it is possible. Please make an appointment to discuss.If I receive my ticket in a state other than the one in which I am licensed can I continue to drive in my home state?
In most states (NJ and PA included), the state in which you received your conviction will notify your home state and your driving privileges will be suspended in your home state as well. Legal assistance is advisable in this situation as there are some instances in which the suspension can be avoided in the home state.

What are the chances of getting off without a conviction?
Beating a DWI case has become increasingly more difficult throughout the years as the Legislature and the Courts have eliminated many defenses. The Lawyers at Kamensky – Cohen & Associates will review your case and advise you of the manner in which we will proceed on your particular situation. The initial interview is without charge.

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