Driving While Suspended for DUI: Toms River, NJ | Daniel E. Berger, Esq.
If convicted of a DUI or DWI in New Jersey, a person's driver's license will be suspended for at least two years. The state does not allow for hardship or work permit privileges, so someone convicted of a DUI/DWI is not permitted to drive for any reason while suspended. The consequences for driving while suspended for DWI are severe and outlined below. It is important to remember that special circumstances can apply to these charges that can make the penalties described below even harsher.
If a driver's license was suspended as a result of a DUI or DWI conviction, a judge can increase the maximum fine an additional $500 and extend the length of the license suspension. Usually, the extension will be at least one more year and can be up to two. Mandatory incarceration in the county jail is also required. A jail sentence can extend from 10 to 90 days, and the operator's motor vehicle registration privileges will also be suspended. The suspension of motor vehicle registration privileges means the driver will not be able to register a vehicle in their name throughout the duration of the suspension.
Driving while suspended for DWI has aggravating circumstances associated with it. If a driver is charged with driving while suspended for DWI, and special circumstances apply, the penalties for the crime are further enhanced. The first special circumstance associated with this charge has to deal with "location." Specifically, if the driver was located in a primary or secondary school zone that is used for school purposes and owned by a school board, the driver's charges can be enhanced. Under this law, a school zone is any area within 1,000 feet of school property or a school crossing area. Enhanced penalties for driving in a school zone apply even when the driver is not aware they are in a protected area. It also doesn't matter whether the school was in session or no children were in the area at the time of the violation.
Additionally, penalties for driving under suspension for DWI in special circumstances include the original sentence plus an additional license suspension. Usually, the additional suspension is 1 to 2 years. Imprisonment for this crime can vary from 60 to 90 days. If it is the driver's second offense, the imprisonment could be extended to 120 to 150 days. Subsequent offenses will have an increase of $500 fine and a longer imprisonment of 180 days.
Driving while under suspension for DWI is a serious offense that could lead to felony charges, costly fines, extended driver's license suspensions, and more. Due to the severity of the charges, it is important to contact a defense attorney as soon as you are arrested for the crime. A defense attorney can protect your rights, build a defense, and work to get the charges lessened or dismissed.
Daniel E. Berger, Esq., has defended cases like this for years. Mr. Berger is available 24/7 and offers free consultations to answer your questions. Receive immediate assistance today!