New Jersey DWI Attorney Blog
New Jersey Supreme Court Addresses Challenge to DWI Surcharges
A conviction for driving while intoxicated (DWI) can carry serious consequences in New Jersey. This may include fines, driver’s license suspension, and possible jail time. New Jersey DWI law also imposes multiple surcharges for DWI convictions. These surcharges often do not get as much attention as other penalties when discussing DWI cases, but they can have a significant impact on a person’s life and financial future. Some state surcharges are one-time payments, while others involve annual payments for up to three years after the conviction. The New Jersey Supreme Court recently ruled on a challenge to one of the surcharges. The New Jersey Legislature had passed a law increasing the surcharge to pay for dashboard cameras in police vehicles. While the state supreme court affirmed the surcharge increase, the ruling arguably helps DWI defendants by providing funding for cameras to record DWI stops. Whether the funding is enough to cover those costs is an ongoing debate.
The New Jersey DWI statute sets penalties based on either a defendant’s blood alcohol content (BAC) or the number of prior DWI convictions in the previous ten years. The penalties for a first offense are higher if a defendant has BAC of at least 0.10 percent. They are even more severe for BAC of 0.15 percent or more. A second conviction has higher penalties regardless of BAC. The highest penalties come with a third or subsequent conviction. Some surcharges are higher for second, third, or subsequent offenses. Other surcharges are the same for any DWI conviction.
Types of surcharges for a New Jersey DWI conviction include:
– $125 under the DWI statute;
– $100 to the Drunk Driving Enforcement Fund; and
– $1,000 per year for three years for a first offense under the Motor Vehicle Violations Surcharge System, up to $1,500 per year for three years for a third or subsequent offense.
The challenge before the state supreme court involved the surcharge imposed by the DWI statute itself. A 2014 state law requires police departments to equip vehicles used in traffic stops with “mobile video recording systems” (MVRS). It raised the DWI surcharge from $100 to $125, with the additional $25 going towards the cost of installing those systems.
In 2015, a township challenged the MVRS statute before the Council on Local Mandates (CLM), an administrative body that reviews state laws and regulations to determine whether funding is available. The township argued that the MVRS law was an “unfunded mandate” in violation of the state constitution, meaning the increased surcharge was not enough to cover the costs of installing MVRS. The CLM ruled in the township’s favor in 2016 and declared that the $25 surcharge was “nugatory.”
Two DWI defendants challenged the $25 surcharge in 2021. They argued that the state could not legally collect that amount because of the CLM’s 2016 ruling. They further alleged that the state owed refunds to anyone who had paid the surcharge since then. The court disagreed, finding that the CLM overstepped its authority by striking down the $25 surcharge.
DWI is a serious offense under New Jersey law. The penalties extend beyond fines and jail time to include significant financial burdens that can follow you for years. An experienced DWI lawyer can defend your rights in and out of court. Evan Levow has dedicated 100% of his law practice to New Jersey DWI defense. Please contact us today online or at (877) 593-1717 to schedule a free and confidential consultation to discuss your case.