For a first offense DWI, there are two tiers in which a defendant may be prosecuted. 

A “Tier 1” offense happens where (1) the reading is less than 0.10 percent BAC (breath or blood alcohol content), (2) there is no breath test reading due to refusal or (3) an attorney can successfully argue that the breath or blood test reading is unreliable and should not be used as evidence against the defendant.  In these situations, the state will seek to prove that you were operating a vehicle under the influence based on an “observation” case.

Even when there are no breath or blood test results, a conviction can be obtained on a DWI based on an officer’s assertion that the driver appears intoxicated or under the influence of drugs or alcohol.  If a defendant is placed in the Tier 1 category, he or she will have a three-month license suspension, fines, penalties and surcharges.

Tier 2 offenses are based on breath or blood alcohol readings of  0.10 percent or greater.  A Tier 2 charge means that the offender will have a seven to 12 month license suspension, fines, penalties and surcharges.

Driving While Intoxicated (DWI) is a traffic offense in New Jersey.  It is not a criminal offense.  You will not be finger-printed, and your arrest record will not show up in any criminal database.  If you are convicted in New Jersey of DWI, the conviction will only show up in the Motor Vehicle Commission records. 

Therefore, if you live in another state and if you are convicted of DWI in New Jersey, the conviction will transfer to your home state administratively but not criminally.  In other words, other than probable additional loss of driving privileges in your home state, you will not be prosecuted again for a criminal offense.  However, a conviction in New Jersey will count in the future as an enhancing factor if you are charged in your home state with a subsequent DWI.

Please note that a DWI is a criminal charge in most other states.

If your driving privileges are suspended or revoked, you will not be allowed any work or temporary driving permits or licenses.  There are no restricted licenses for any reason including work, religious observance, grocery shopping or doctor visits.

If you are licensed in another state, depending on the laws of each state, you may drive anywhere else unless or until your home state suspends your driving privileges based on the New Jersey conviction. A skilled DWI attorney can help you address these issues. 

Jail means jail, right?  Not necessarily.  There are alternatives to serving time in county jail on first and second offenses.  The alternatives available will vary from county to county and court to court within a given county.  However, an experienced DWI defense lawyer will be familiar with these options, and he or she will be your only hope to negotiate an option that best meets your needs.

Electronic Monitoring.  Electronic monitoring programs offer flexibility and allow you to leave home at authorized times for work, alcohol education programs, grocery shopping, religious services, etc. An ankle bracelet with a sensor detects alcohol consumption by monitoring excretions from the skin. 

Community Service.  Working in an approved program can be a substitute for jail or fines.  Community service is generally not hard physical labor and is desirable for someone with injuries or other limitations.

Highway Work.  This is more physically demanding work and may include picking up trash by the side of the freeway.  Tough work?  Sure.  Going home afterwards, taking a hot shower, eating a good meal and sleeping in your own bed (with no unwanted roommates)?  Priceless.

Work Release.  If you are sentenced to work release you stay overnight in the jail, go to work during the day and return at night by a specified time.  The only allowable release is for work; so your weekends are generally spent in the jail, too.

Drug Rehabilitation/Sober Living Environments.  These environments offer an attractive alternative to jail for those struggling with alcohol or drug addiction.  Sometimes, rehabilitation or sober living is ordered as a condition of release pending the resolution of the case or as part of a sentence.  Time spent in rehabilitation can count as time spent in jail, but you will need an attorney to ensure that the proper credits are awarded.

Options and alternatives to jail are available. The first step in obtaining favorable results is to consult with an experienced lawyer.