license suspension

Driving is a very freeing experience. Being able to get around by yourself whenever you need to is necessary for most jobs and activities these days. But you can only drive if you have a valid driver’s license. A license suspension takes away your ability to drive yourself and others, which can make everyday tasks difficult. If you do get your license suspended, it’s important to gather as much information about the suspension as possible and contact a defense attorney to help get your license back sooner.

Reasons for License Suspension

In New Jersey, all drivers must follow the rules of the road. Most minor incidents won’t result in the suspension of your license. However, certain situations can result in you losing the ability to operate a vehicle for some time.

DUI and Breathalyzer Refusal

When you drive on a New Jersey road, even if you don’t live in the state, you agree to submit to any breathalyzer test if the police arrest you for suspicion of driving under the influence. Because New Jersey is an implied consent state, refusal to take a breathalyzer test can result in penalties almost as severe as being convicted of an actual DUI. 

If you are found to be driving under the influence of drugs or alcohol, you can face hefty fines, be required to attend IDRC programs, and will have your license suspended until your car is fitted with an ignition interlock device. These devices require you to perform a breathalyzer test each time you get behind the wheel before your car will start.

The amount of time you have to adhere to an ignition interlock device depends on your blood alcohol content level and any previous DUI charges held against you. If you are convicted, you can face the following suspensions penalties:

First Offense:

  • Blood alcohol content between .08% and .099%
    • 3 Months of Installed Ignition Interlock Device
    • License Suspension Until Device is Installed
    • Fines
    • Minimum of 12 Hours in IDRC Programs
    • Up to 30 Days of Jail Time
    • Insurance Surcharge for 3 Years
  • Blood alcohol content between .10% and .149%
    • 7-12 Months of Installed Ignition Interlock Device
    • License Suspension Until Device is Installed
    • Fines
    • Minimum of 12 Hours in IDRC Programs
    • Up to 30 Days of Jail Time
    • Insurance Surcharge for 3 Years
  • Blood alcohol content over .15%
    • 9-15 Months of Installed Ignition Interlock Device
    • License Suspension 4-6 Months After Device Installation
    • Fines
    • Minimum of 12 Hours in IDRC Programs
    • Up to 30 Days of Jail Time
    • Insurance Surcharge for 3 Years

Second Offense:

  • 2-4 Years of Installed Ignition Interlock Device
  • License Suspension 1-2 years
  • Fines 
  • Mandatory IDRC Program Completion
  • Mandatory Jail Time of 2-90 Days
  • Mandatory 30 Days of Community Service
  • Insurance Surcharge for 3 Years

Subsequent Offenses:

  • 10-12 Years of Installed Ignition Interlock Device
  • License Suspension Up to 8 Years
  • Fines 
  • Mandatory IDRC Program Completion
  • Mandatory Jail Time of 180 Days
  • Insurance Surcharge for 3 Years

You can also receive an additional suspension time for the following scenarios:

  • Driving with a DUI suspended license
  • Driving while possessing drugs

Driving under the influence and refusing to take a breathalyzer test have the most severe consequences for New Jersey drivers. If you are facing DUI charges, having a qualified and knowledgeable license suspension and criminal defense attorney on your side can help.

Photo by G-R Mottez on Unsplash

Traffic Violations

Most of the time, when you commit a traffic violation, your license is not immediately suspended. However, for each infringement you commit, your license will have points added to its record. If you collect enough points on your license, you’ll receive a proposed suspension notice in the mail from the New Jersey Motor Vehicle Commission. This does not mean your license is suspended, but that you must take certain actions by the date indicated on your notice, or else they will suspend it.

You can avoid or lessen license suspension by requesting a hearing with the New Jersey DMV at a regional Commission center. You’ll meet with a hearing officer and go over your driving record and case. In some instances, you may remove some of the points from your license by attending certified driving classes. If you do still end up with a license suspension, it typically lasts between 14 and 30 days.

Mental and Physical Conditions

In order to operate a vehicle, you need to have full mental awareness and physical control. Certain physical and mental conditions make driving safely challenging. You may develop conditions later in life that impact your ability to drive. In these cases, you’re likely to face license suspension. For some conditions, you can re-apply for your license once your health improves. However, some lifelong conditions will result in the permanent suspension of your license.

Convictions

If you are convicted of a crime not related to traffic laws, you can still face license suspension. This is typically a form of punishment as well as a preventative measure. You’re more likely to suffer a license suspension for certain crimes, especially if the activity can result in dangerous driving under different circumstances, such as the use of illegal drugs.

Insurance, Fees, and Registration

You may also face license suspension for driving without valid car insurance, driving an unregistered vehicle, or failing to pay fines and fees, such as parking tickets. The length of suspension will vary from incident to incident and you can often reinstate your license once payment/registration is complete.

Lifting License Suspension

In many situations, you’ll have to wait the required amount of time for your license suspension before you’re able to drive again. However, there are some ways you can speed up the process and get yourself back on the road sooner. For instance, paying overdue tickets and fines often lifts the restriction. You can also make an appointment with the DMV to make arrangements to improve your driver’s record and reinstate your license. Contacting a New Jersey attorney can help you find ways to get your license back.

License Suspension Attorney

A qualified license suspension and defense attorney can help you combat license suspension and DUI or traffic violation charges. Attorney Leon Matchin has devoted his life and practice to criminal defense, helping his clients alleviate their situations and lessen their punishments. If you are facing a license suspension after a DUI, traffic violation, or other situation, contact Leon Matchin’s office at 732-887-2479 or email him at [email protected] to schedule a consultation.