A driving while intoxicated (DWI) conviction comes with a mandatory period of license suspension, as well as the possibility of a fine and jail time. Subsequent convictions bring greater penalties. The offense of driving while license suspended (DWLS) also results in penalties, and it is considered a criminal offense in certain circumstances. Beyond New Jersey’s traffic and criminal statutes, DWI and DWLS may have consequences in other areas as well. In one recent case, several prior DWI convictions, and the resulting license suspension, brought two parents to the attention of state child protection workers. The New Jersey Appellate Division addressed this in its decision in New Jersey Div. of of Child Prot. and Permanency v. P.A.
The penalty for a first DWI conviction depends on the defendant’s blood alcohol concentration (BAC). If the BAC was 0.08 percent or greater, but less than 0.10 percent, New Jersey law imposes a penalty that may include a three-month license suspension, a fine of $250 to $400, 12 to 48 hours of programs at the Intoxicated Driver Resource Center, and up to 30 days in jail. If the defendant’s BAC was above 0.10 percent for the first conviction, the fine is $300 to $500, and the period of license suspension is seven months to one year. By the third or subsequent offense, the jail term is at least 180 days, and the period of license suspension is 10 years.
A first-offense DWLS carries a fine of $500. If the reason for the underlying license suspension was a DWI conviction, state law also requires the revocation of the defendant’s vehicle registration. Operating a vehicle without a valid registration can result in impoundment of the vehicle. For a second DWLS conviction, the fine increases to $750, and the defendant is subject to a one-to-five-day jail sentence. A third offense leads to a $1,000 fine and a 10-day jail sentence. Criminal DWLS occurs in certain situations involving prior DWI and DWLS convictions, and it carries a mandatory minimum sentence of 180 days’ imprisonment.