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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19673
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My boyfriend was taken to jail last night after he had an accident

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My boyfriend was taken to jail last night after he had an accident while driving home after a night out. No one was hurt and no other car was involved. His BAC was 2.0. It is his first offense. It happened in NJ. What is the likelihood of his receiving jail time?

Thank you for the information and your question. Assuming that your boyfriend has not other criminal history that would require heightened punishment, there is almost no chance that he will go to jail for this offense. Although he could technically receive up to 30 days in jail, since there were no injuries, the court just doesn't make a practice of giving jail time on first offenses. That assumes he will be convicted. He should definitely consider though hiring a good criminal defense attorney who handles DUI cases and they may be able to get the charge reduced, or at least the punishment reduced. I have set out below the maximum punishment for a 1st time DUI with a BAC of over .10.

Please let me know if you need any clarification . I would be glad to assist you further if I can.

License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration
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