DWI and License Suspension
Posted by Scott Gorman - January 23, 2016

In New Jersey, the Motor Vehicle Commission (MVC) handles all driver’s license suspensions. A license suspension can be issued for any number of driving violations, including (but not limited to) being at fault in a fatal accident; failure to pay court fines or surcharges; failure to appear in court; failure to provide proof of insurance; drunk driving; having 12 points or more on your driving record or driving on a suspended license.

According to Union County DWI lawyers, the penalty for driving on a license that has been suspended after a DUI/DWI charge can further restrict a driver’s ability to get around and should be taken into account following a drunk driving conviction.

License Suspension in NJ
The DMV may sanction you as part of your license suspension. You could also be assessed additional charges or suspensions from the federal or state courts, depending on why your license was suspended in the first place. If you receive three suspensions within three years, you may have to turn in your license for a period of up to three years.

For many drivers, having their licenses suspended is a huge inconvenience that considerably limits transportation options, especially for those who commute to work, drive children to school or activities or cannot rely on buses and taxis for their day-to-day needs. But once your license has been suspended, the penalties for driving during that time increase substantially, usually leading to a longer license suspension, or worse, a mandatory revocation period.

Once your license has been restored, if you commit any other violations during the following year, you risk further suspensions based on the following timeline:

  • If first offense is within:
    • 6 months – 90 day suspension
    • 7-9 months – 60 day suspension
    • 10-12 months – 45 day suspension
  • Second, third, etc., offense is within:
    • 6 months – 180 day suspension
    • 7-9 months – 120 day suspension
    • 10-12 months – 90 day suspension

DWI License Suspensions

Your license will be suspended as an automatic penalty if you are convicted of driving while under the influence of drugs or alcohol in New Jersey. The period of license suspension is largely determined by the nature of the circumstances surrounding your charge. For instance, were you involved in an accident or just driving dangerously? Were there children or other passengers in your car at the time and was anyone else hurt by your drunk driving? Additionally, your blood alcohol content, whether you were using drugs or had drugs in your possession, whether you had an open container in the car and the number of DUI/DWI charges currently on your record will also be taken into consideration.

All convictions under the state’s drunk driving law—N.J.S.A. 39:3-40—carry a mandatory loss of driving privileges. If you are caught driving during the period when your driving privileges were revoked for a drunk driving violation, you could face the following penalties:

  • First offense – $500 fine
  • Second offense – $750 fine and up to 5 days in county jail
  • Third offense – $1,000 fine and up to 10 days in county jail
  • If you are involved in an accident that injures another person, you may be imprisoned for up to 45 days.

Driving on a suspended license may seem like your only option after a DWI conviction, but DWI lawyers in Essex County urge drivers to take the consequences into account. For more information or to discuss your case, contact Scott Gorman today.

Published in Categories: DUI / DWI