In the state of New Jersey, drinking and driving charges are taken very seriously. They hold strict laws and courts are aggressive in penalizing offenders. Anytime you are pulled over by an officer, it is important to listen and comply with their directions. If an officer suspects that an individual is driving while intoxicated (DWI), they may administer a Breathalyzer or Alcotest in order to determine their blood alcohol concentration (BAC). In New Jersey, a driver can be found guilty if their BAC is over the legal limit of 0.08%. Receiving a DWI charge may result in costly fines as well as possible jail time.
First Offense DWI
For drivers with a BAC over 0.08% but under 0.10%, those penalties may include:
- Loss of license for 90 days
- 12 hours in the Intoxicated Driver Resource Center
- A $1000 yearly surcharge for 3 years
- A $250-$400 fee
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund Fee
- A $75 Neighborhood Services Fund Fee
Second Offense DWI
If an individual is charged with their second DWI, there are harsher consequences than their first offense. This may include:
- Loss of license for 2 years
- A $500-$1000 fee
- A $100 Drunk Driving Fund Fee
- A $75 Neighborhood Services Fund Fee
- 48 hours in the Intoxicated Driver Resource Center
- Possible 90 days in jail
Third Offense DWI
If an individual is charged with their third DWI in 10 years, they are subject to more severe penalties. This may involve:
- A felony conviction
- 6 months in jail
- Loss of license for 10 years
- A $1500 yearly surcharge for 3 years
- A $1000 fine
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund Fee
- A $75 Neighborhood Services Fund Fee
- 12-48 hours in the Intoxicated Driver Resource Center
- Mandatory installation of an ignition interlock device
Challenging a DWI
No matter how many times an individual is charged with a DWI, it is important to have strong legal counsel on your side. An attorney can help assist you in challenging the charges the right way. When facing a DWI charge, an attorney can look into the following situations to help your case:
- Illegal Stops: A law enforcement officer must have a valid reason to pull a driver over. If there was not a valid reason, evidence from the stop may be deemed inadmissible in court.
- 20-Minute Rule: Officers must conduct an assessment of the driver’s condition. In New Jersey, the assessment must be at least 20 minutes. If the protocol was not followed, it is possible for charges to be dismissed.
- Field Sobriety Tests: Drivers are often asked to conduct a series of tests to determine their level of intoxication. The officer must follow certain guidelines: reading the instructions before the test, demonstrating the test, allowing drivers to remove high heels, and recognizing any health issues that may prevent the driver from passing the test.
Contact our Firm
If you have been pulled over for a DWI and wish to speak with an attorney about challenging you case, contact Mattleman, Weinroth & Miller, P.C. today.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced defense attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding criminal charges and procedures.