New Jersey motor vehicle offenses carry a wide range of penalties, ranging from driver’s license suspension to jail time. Driving while intoxicated (DWI) is a motor vehicle offense under New Jersey law rather than a criminal one, but some penalties can be just as serious as the criminal law system. Like many states, New Jersey uses a points system to assess penalties for many traffic offenses. Accruing too many points in too short a period may result in surcharges, driver’s license suspension, or both. DWI is not among the motor vehicle offenses that add points to your driving record. This is not exactly good news, however, as the penalties associated with DWI are generally harsher than points.
What Are Points?
New Jersey’s points system gives the state a way to assess whether you pose a danger to others on the road. The most minor traffic offenses do not add points to your record. A parking violation, such as forgetting to feed the meter, does not reflect poorly on a person’s ability to drive safely.
Traffic offenses like speeding, failing to yield, or running a red light pose a danger to other drivers and pedestrians. They may result in points on your driving record. For example, the number of points associated with speeding depends on how fast you were going:
– Up to 14 mph over the speed limit: 2 points
– 15 to 29 mph over the limit: 4 points
– 30+ mph over the limit: 5 points
The state will assess a surcharge against you if you accrue six or more points within a three-year period. It will suspend your driver’s license if you accrue twelve or more points in any span of time.
Insurance points, however, are different than points assessed to your published driving record. Upon conviction of Refusal or DWI, 9 points are assessed to your insurance record, and this is how the insurance companies assess surcharges to your insurance premium. The insurance company surcharges are in addition to the State surcharge a convicted driver must pay – $3,000 for a first or second conviction, $4,500 for a third or greater conviction. Insurance surcharges are double or more than these amounts.
Does a DWI Add Points to Your License?
New Jersey will not add points to your driving record for a DWI conviction. DWI is often not the only charged offense, though. If a DWI case begins with a traffic stop based on reasonable suspicion of another offense, prosecutors may charge that offense as well as DWI. It is common to see DWI defendants also charged with speeding, improper merging, failure to yield, or other offenses that may result in points.
What Are the Consequences of DWI Other Than Points?
DWI can have much harsher penalties than points in New Jersey. The points system gradually builds towards license suspension. With DWI, license suspension is an automatic consequence.
The lowest level of DWI offense results in license suspension for as long as it takes to have an ignition interlock device (IID) installed. The highest level of DWI offense involves a third or subsequent conviction and results in an eight-year suspension. Other penalties include possible jail time, fines, and mandatory IID use.
DWI is a serious traffic offense in New Jersey. An arrest can significantly affect your life, even without a conviction. You need a skilled and knowledgeable DWI attorney who can advocate for your rights while guiding you through the legal process. Evan Levow has dedicated his entire law practice to DWI defense. He is ready to help you today. Please contact us at (877) 593-1717 or online to schedule a free and confidential consultation with a member of our team.