DWI – DUI

NJ DUI Defense Attorney Warns that Insurance Premiums Could Increase as Much as 250% After a DWI Conviction

Here on the Edward M. Janzekovich law blog, we regularly discuss what can happen to you if you are convicted of drunk driving, drugged driving, or driving while high. Most people are aware that consequences include jail time, loss of driving privileges, and excessive fines. However, this does not even begin to approximate the real cost of a DUI. One thing many people forget is that a conviction will also result in increased car insurance premiums.

A new report summarizes just how much your annual car insurance premium can increase after a DUI or DWI. The average car insurance premium increase in the United States is 80% for the first year after a DUI, although this can vary greatly from state-to-state. For instance, the average increase is highest in Michigan, where most drivers who are convicted of drunk driving experience a 249% increase in car insurance premiums.

New Jersey Car Insurance Increases After DUI/DWI

New Jersey already has one of the highest car insurance costs in the country with an average annual premium cost of $1,520-$1,679. According to one report, New Jersey drivers pay an average of 132% more in the year immediately following the conviction. Moreover, because the DUI conviction becomes a permanent part of your driving record, the average convicted driver will continue to pay increased premium rates long after he or she is convicted.

In New Jersey, the average convicted driver will continue to pay 75% more on car insurance – or an average of $1,273 more. This means, instead of paying $1679 for car insurance, a person who was previously convicted will pay $2,951 per year for car insurance.

High Risk Drivers Can Expect to Pay Even More

Car insurance companies classify people into different risk categories in order to determine car insurance premium costs. With regard to most factors, recent history is the most important factor. Accidents, tickets, or convictions in the most recent year will count more than something that happened five years ago.

If you are already categorized as high risk, getting a DUI or DWI increase the cost of your insurance premiums even more. For instance, a driver under the age of 25 with a DUI may pay three times as much for insurance as someone older who had a DUI 10 years ago.

Some car insurance companies may even refuse to give you insurance, in which case you will be required to obtain high risk insurance elsewhere.

Auto Insurance Costs After DUI

If you live in New Jersey, you are probably already familiar with shopping for car insurance. The amount you pay for car insurance after a DUI/ DWI can vary greatly from company to company.

A recent survey found that the following popular companies offered these average insurance rates for drivers after a drunk driving conviction.

Insurance company	Avg. rate after DUI
New Jersey Manufacturers	$1,392
Progressive	$1,745
GEICO	$1,850
Allstate	$4,872
State Farm	$6,755

However, these numbers can change quickly and will vary from person to person based on many factors. The only guarantee is that your car insurance premium will go up if you are convicted of driving while intoxicated in this state. For that reason, if you or someone you know is charged with DUI or DWI, it is important to hire an experienced attorney as soon as you can.

New Jersey Drunk Driver Defense Attorney Edward M. Janzekovich Can Help

If you or someone you know is charged with drunk driving or driving under the influence in New Jersey, it is important to speak with an experienced New Jersey DWI lawyer about your situation. You want someone who understands the real costs and penalties you are facing. A good lawyer can make all the difference. Call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

New Jersey DUI Lawyer Takes a First Look at Proposed Senate Bill 404, Considering Diversionary Treatment for Intoxicated Drivers

January 17, 2017 by EMJanzekovich

Drunk-Driving
Although the bill was introduced last year, the New Jersey Senate may soon be considering updates to the State’s Driving While Intoxicated law, N.J.S.A. 39:4-50, as submitted by Senator Peter J. Barnes, III of District 18. The law has not been changed since 2009. While it has not yet been passed, the newest version would create a Diversionary Program for certain defendants who are charged with driving while intoxicated, providing an alternative to the harsher penalties that currently exist for individuals convicted of drunk driving.

Who Will the Proposed Diversionary Program Affect?

The proposed law is an attempt to give a second chance to defendants charged with a first offense of the state’s Driving While Intoxicated law. It would affect any driver who pleads guilty or is convicted and found guilty of driving a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, as defined by the statute. A defendant can take advantage of the new provisions if he or she has never been found guilty of drunk driving before and never participated in the diversionary program before.

Once these requirements are met, a driver has the opportunity to enter by providing notice to the prosecutor and apply for entry into the program. The court will consider the application based on several factors, including:

The facts surrounding the commission of the offense;
The motivation, age, character, and attitude of the defendant;
The needs and interests of the community;
The likelihood that the defendant’s offense is related to a condition or situation that would be conducive to change through the defendant’s participation in the intoxicated driver diversionary program; and
Any other factors deemed relevant by the court.

The driver also cannot take advantage of the program if he or she caused an accident resulting in a serious injury or if he or she was driving a passenger under the age of 14 at the time.

A driver can only take advantage of this opportunity once.

How Can the Program Help?

Under current law, first-time drunk driving defendants are fined $250 to $400 if their blood alcohol concentration (BAC) is 0.08% to 0.10%. They are fined $300 to $500 if their BAC is more than 0.10%. In addition, a first-time defendant’s driver’s license can be suspended for three months if the person’s BAC is 0.08% to 0.10%, and the driver’s license of a defendant whose BAC is more than 0.10% is suspended for seven months to one year. Finally, certain DUI defendants are required to install an ignition interlock device on his or her vehicle during or after the period of driver’s license suspension.

Under the new law, the diversionary program can last between 60 days and two years. During the period of enrollment, the DUI/DWI charges against the driver are suspended. If the driver successfully completes the program, the original charges are dismissed. Furthermore, the court shall order that the charges be removed from the individual’s driver’s history abstract and it is not considered a conviction for other legal purposes. Finally, charges dismissed based on the diversionary program are not counted as a first offense when calculating subsequent penalties if the driver is later convicted or found guilty of DWI/DUI again.

It is important to recognize that there is no guarantee that this proposed bill will ever pass. Many bills are introduced before the New Jersey State Assembly and Senate every legislative year. Regardless of whether or not this bill becomes law, a person charged with driving under the influence of alcohol or drugs should always contact an experienced drunk driving attorney, who will be able to provide the best advice or may be able to have the charges dropped completely.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Knows How to Help if You Are Charged with Drunk Driving

A charge for driving under the influence of alcohol is extremely serious and new laws, rules, and regulations take effect all the time. For that reason, it is important to consult a drunk driving lawyer who makes it his job to know all the changes. If you or someone you know is charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney will know the best way to help and can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

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