DUI Penalties

While we await the return of DUI checkpoints to the Jersey Shore, the Law Office of Frederick P. Sisto is happy to provide tips to help you avoid a wrongful DUI conviction. The most common questions about DUIs concern the potential penalties.

New penalties took effect for alcohol-related DUIs charged after December 1, 2019. The penalty changes expire on December 1, 2024, when we are scheduled to return to the harsher penalties. The new penalties made no changes with respect to driving under the influence of drugs.

The new mandatory penalties for first offense observation cases and cases with a BAC reading of .08 or .09 require a loss of license until an interlock device is installed on the principal vehicle, followed by a three-month interlock period. An interlock is a device attached to the vehicle that the driver is required to breathe into to confirm sobriety.

The new mandatory penalties for first offense cases with a BAC reading of .10 through .14 require loss of license until an interlock device is installed, followed by a seven-month to one-year interlock period.

The new mandatory penalties for first offense cases with a BAC reading of .15 and above require a four to six-month loss of license and an interlock device installed for the license forfeiture period. That interlock period is in addition to a nine to 15 months period after the license is restored.

The new mandatory penalties for second DUI offenses require loss of license for one to two years. An interlock device must be installed for the forfeiture period plus two to four years after license restoration. There is also a mandatory two to 90 days of incarceration, with up to two of those days served in an IDRC program. This two day IDRC sentence is served overnight in a jail-like setting.

The new mandatory penalties for third and subsequent offenses require an eight year loss of license. An interlock device must be installed for the forfeiture period plus two to four years after restoration. Six months of jail is required, with up to 90 days of that sentence being allowed to be served in an inpatient program.

The above-referenced penalties are in addition to mandatory fines, fees, and surcharges. There are also mandatory classes in an Intoxicated Driver Resource Center (IDRC), along with any recommended follow-up treatment. A judge also has discretion to impose up to 30 days in jail for any first offense DUI conviction. A second offense DUI also requires 30 days of community service.

Choosing the most-qualified attorney can make the difference between being subject to the harshest penalties and beating the DUI charge outright. At a minimum, an experienced DUI attorney can coordinate sentencing with the court, NJMVC, and the private interlock installation company so that first-offenders can lose their license for just one day.

Stay tuned for additional tips and remember that the best DUI defense is a designated driver. Have a good week-end!

Driving with A Suspended License
Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr Sisto is an excellent lawyer. The tickets I received were nothing compared to the charges i had originally. I got the best possible outcome for my case, and Mr Sisto was incredibly understanding and patient and responded to any questions I had within about 30 minutes of me asking them. I'll be going to him again for any legal trouble I have in the future
Brandon K
Google star 1Google star 2Google star 3Google star 4Google star 5
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred never represented me but been in touch with him a few times and was a very professional experience from the minute I called the office
Jj B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto's attention to detail, his representation and unwavering advocacy for me made all the difference in my case.
Jill F
Google star 1Google star 2Google star 3Google star 4Google star 5
Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service. Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again. For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.” Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released “within hours” as you claim shows how low value your firm is and how you openly instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
Ximena C
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was knowledgeable preofessional and experienced. He knew the right steps to take every step of the way and went above and beyond to make sure that I understood the situation. Mr. Sisto will have your back in any legal matter!
Corey S
Google star 1Google star 2Google star 3Google star 4Google star 5
2 👍🏻👍🏻 up
Cc
Google star 1Google star 2Google star 3Google star 4Google star 5
Very informative. Would not hesitate to use Attorney Sisto.
Rose C
Google star 1Google star 2Google star 3Google star 4Google star 5
Realmente es un gran abogado, me ayudo muchísimo en todo este proceso y sobre todo que habla español que es una de las cosas importantes para mi. Por que lo hizo mas entendible y facil cada una de las cosas que tenía que hacer y su amabilidad y paciencia para poder explicarme qué tenía que hacer. Además que mi caso fue un éxito gracias a él ya cada uno de sus conocimientos y a su apoyo en todo momento. Lo recomiendo 100%.
Luis A