DWI Statute

In the state of New Jersey, a driving while intoxicated offense is:

New Jersey Statutes Annotated,  Section 39:4-50(a)

Typical Sentencing for First Offense

Jail Up to 30 days
Fines $250-400

  • Motor vehicle surcharge: $3000
License Suspension 3 months
Interlock Ignition Device (IID) No

Alternative Resolutions

These can reduce your sentence and in some cases lead to no conviction which are called conditional discharge. Admissibility remains unavailable until completion and in the interim of these alternative programs.

Availability for DWI                                                No

Background checks

Pleading Down

Pleading guilty to some offenses is not equivalent to a crime in Canada, therefore it does not result in inadmissibility. Your lawyer could argue for a traffic violation or highway obstruction to contest a DUI/DWI which do not result in inadmissibility to Canada. Not all plea bargains will ensure admissibility.

Availability for DWI Yes
Possible plea(s) Reckless Driving

Expungement & Pardons

This allows your criminal record to be cleared. DUI convictions are eligible for expungements after the completion of the sentence, provided that there are no other charges pending against the offender.

Availability for DWI No (not considered a criminal offense)
General info
  • Expungement of “indictable” offenses (felonies), “disorderly persons” offenses (misdemeanors), “petty disorderly persons” offenses, and municipal offenses, with different waiting periods depending on offense (most serious and violent offenses ineligible)
  • Petition for expungement of indictable offense may include up to two petitions for expungement of disorderly person/petty disorderly person offenses; up to three disorderly person/petty disorderly person offenses may be expunged at same time, if no indictable offense conviction
  • Expungement of most drug offenses upon successful completion of drug court
  • Juvenile records may be expunged after a five-year waiting period with no subsequent convictions
  • Deferred adjudication for minor drug offenses and expungement after six-month waiting period; expungement of arrest and other non-conviction records at time of disposition
  • Sentencing court or supervisory authority may issue certificate evidencing rehabilitation that “suspends certain disabilities, forfeitures or bars to employment or professional licensure.”
  • Only state offenders eligible

Application Links

If inadmissibility to Canada cannot be avoided, these are the remedies offered:

FWCanada free consultation offer

At FWCanada, we are happy to offer free consultation to promptly provide honest assessment of your case and chances of success. As one of the leading immigration law firms in the country specializing in criminal inadmissibility, we have extensive experience in handling a wide range of cases. We prioritize detailed review of each client’s case to optimise application approval.

Please call on our toll free number: +1 (855) 316 3555 to ask all your burning questions and remedy confusions, because providing honest and accurate advice is our ethos.

FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration, follow FWCanada on Facebook, Twitter and LinkedIn