New Jersey Prosecutors Take Driving while intoxicated seriously. Yet the penalties for driving while intoxicated can vary from case to case. The law takes into account just how high the blood alcohol content is in the accused. There are also considerations as to whether this is a first, second, or third offense, whether there was an accident or not and, importantly, the discretion of the judge. The law states:
"If the person's blood alcohol concentration is 0.08% or higher but less than 0.10% ...a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months"
If you stand accused of Driving while intoxicated, even if it is your first offense, you need a lawyer who can help negotiate the best deal for you.