Jail time for Driving with a Suspended License due to DWI in Monmouth County NJ

July 26, 2019

Traffic Violations Attorneys serving clients in the Monmouth County area.

Jail time for Driving with a Suspended License due to DWI in Monmouth County NJDriving with a suspended license is against the law in all 50 United States. There are a number of reasons law enforcement may suspend someone’s license. One heavily enforced reason is driving while under the influence (DWI). Driving while under the influence will usually result in a costly consequence, and multiple DWIs will result in the suspension of one’s license.

In New Jersey, if you are driving with a suspended license as a result of multiple DWIs and are pulled over, you will serve a minimum of 180 days in jail.

This is the result of a 2015 case, State v. Harris, in which the New Jersey Appellate Division under N.J.S.A. 2C:40-26b ruled that the sentence for driving with a suspended license could no longer include house arrest, rehabilitation, or enlistment in a county supplemental labor program. Now, as this is a fourth-degree criminal offense according to N.J.S.A. 2C:40-26b. Therefore, 180 days of jail time is the mandatory sentence. However, subject to the discretion of the judge, these 180-day sentences could be served over a course of weekends.

Penalties for Driving with a Suspended License: Non-DWI-Related

Driving with a revoked license for a reason outside of DWI results in a lesser penalty.

According to the National Conference of State Legislatures, the laws in New Jersey vary from those of some other states, though each state’s penalty for driving with a suspended license goes beyond a general moving violation. N.C.G.S.A. 15A-1340.23 notes that the first offense of driving with a suspended license, a Class 3 Misdemeanor, is

  • imprisonment for 1-10 days,
  • a fine not exceeding $200,
  • or a license-suspension increase of one year.

In the case, that one is charged with driving with a suspended license as a second offense, the license suspension increases by two years. On the third offense, the license is permanently suspended.

First-time DUI and DWI Penalties

New Jersey does not differentiate between driving under the influence of alcohol (DWI) and driving under the influence of drugs (DUI), but the penalties for both vary based on the blood alcohol content (BAC), as well as past offenses. In the case of a first-offense DWI, penalties vary depending on whether the blood alcohol content is above the legal 0.08% limit but beneath 0.10%, or if the blood alcohol content is above 0.10%.

Though New Jersey considers a first-time DWI as a traffic offense as opposed to a criminal offense, penalties could be very heavy and include

  • loss of license for at least 3 months
  • 12 hours at least in jail
  • as much as $400 penalty
  • examinations for alcohol abuse
  • the potential loss of license for at most one year, depending on the BAC
  • potential ignition interlock system for an extended period of time
  • alcohol abuse education class requirement

If you’ve been pulled over for driving with a suspended license as a result of multiple DWIs, contact our law offices for a consultation regarding your legal rights and next steps. Our experienced legal team can determine where you stand in potential penalties under the law and guide you in navigating the legal terrain so you face the minimum sentence possible.

Contact a Monmouth County New Jersey DWI and DUI Defense Attorneys Today

At Chamlin, Uliano & Walsh, our DWI/DUI attorneys are familiar with courtroom proceedings, defenses, and strategies to better serve clients across New Jersey including West Long Branch, Red Bank, Freehold, Asbury Park, Middletown, Howell, and the greater Monmouth County area. 

For additional information as to how these Monmouth County DWI defense attorneys can assist you or someone, you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Uliano & Walsh at 732-440-3950 or toll-free at 888-328-9131.


Categorised in: DWI, Traffic Violations