If it’s your first time facing a drunk driving charge in New Jersey, you may be worried about the possibility of going to jail. Will you have to do time if convicted of driving while intoxicated (DWI)? The short answer is no.
While the law provides an imprisonment term of up to 30 days for a first DWI offense, jail time is not automatic if you’re found guilty. The court may impose alternative penalties like fines, license suspension or alcohol education at an Intoxicated Driver Resource Center (IDRC).
The specifics of your case matter
Even though jail time isn’t mandatory for all first-time offenders, certain factors can increase the likelihood of incarceration. These include:
- Having an exceptionally high blood alcohol concentration (BAC) level
- Being involved in an accident that caused injuries or property damage when driving drunk
- Having minors in the vehicle at the time of the offense
The presence of these aggravating factors in your case could see you spend time behind bars. Similarly, violating court orders while the DWI case is underway could result in jail time, even for a first-time offender. These include failing to install an interlock ignition device, driving with a suspended license or missing mandatory court appearances.
Reducing the risk of jail time
Facing a DWI charge is serious, even for a first offense. A conviction can have long-lasting consequences on your personal and professional life.
Fortunately, you do not have to navigate the legal process alone. Reaching out for legal guidance to explore your options, such as negotiating reduced charges or crafting a formidable defense, can make a significant difference in the outcome of your case and help protect your interests.