1) The enhancement means that you can end up with the maximum penalty/fine for the First offense DWI. Enhancement is established when there were aggravating factors such as:
Aggravating Factors. These are circumstances that tend to make court believe that a defendant deserves greater punishment than the court would ordinarily impose:
- An accident and its victims input
- High breathalyzer readings (say 0.15 or more, depending on the court)
- Bad driving record
- Offenses soon after restoration of driving privileges
- Poor relations with the police officers involved
- Unusual or dangerous driving leading to the police stop
- DWI with children in the vehicle
- Speeding above certain levels (20-30 mph over the limit) while driving under the influence of alcohol.
- A blood alcohol concentration or breath alcohol test of .20% or greater while DUI / DWI.
- Refusing to submit to a chemical test of blood, breath, or urine when suspected of DUI / DWI.
- An accident, property damage, or injury arising out of a DUI / DWI case.
- The person driving under the influence is under 21 at the time of the offense.
2) Possible consequences for DWI first offense are summaries as follows. This means that you may be responsible for other fines related to administration and regulation in the control of DWI offenses.
Court Imposed Penalties
39:4-50(a) Fine $250- 400
39:4-50.8 Drunk Driving Enforcement Fund surcharge $100
22A:3-4 Court costs $3 - 30
2C:43-3.1 Victims of Crime Compensation Board penalty $50
2C:43-3.2 Safe Neighborhood Services Fund surcharge $75
39:5-39 Physician's fee $0- 20
39:4-50(a) Intoxicated Driver Resource Center 12-48 hours
39:4-50(a) Imprisonment 0-30 days
39:4-50(a) Forfeiture of driving privileges<1> 6-12 months
39:3-10.20 Forfeiture of commercial driving privilege<2> one year-life
Bureau of Alcohol Countermeasures
39:4-50(b) Alcohol Education, Rehabilitation, and Enforcement Fund $100
39:4-50(f) Intoxicated Driver Resource Center Costs of further education and/or
treatment $150- 200
Division of Motor Vehicles
39:3-10a Driver License Restoration Fee $50
17:29A-35.b(2) Merit Rating Plan Surcharge<3> $3,000-4,500
17:29A-35.b(3) Merit Rating Plan point assessment $525- 675
3) Alternatives to sentencing can be negotiated if you qualify for Alcohol and drug rehabilitation, sober living environment, electronic monitoring, house arrest, work furlough, community service, roadside labor, graffiti removal. This would depend on what you negotiate with the prosecutor in exchange for doing jail time.
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