Credibility of Breathalyzer Tests Coming Into Question Nationwide

Recently, both the accuracy and the application of breathalyzer tests have been coming into question nationwide. People are coming to find that police forces across the country do not properly calibrate the machines, that the machines are not properly maintained, and that several other factors contribute to inaccurate readings in breathalyzer tests. These findings have resulted in a change in opinion regarding the tests, providing attorneys with additional defenses against DWI charges. If you have been charged with a DWI, here are some of the questions you may have:

What are the consequences of a first offense DWI in the state of New Jersey?

Despite the fact that New Jersey has recently updated its DWI laws to go into effect on December 1st, you still face severe penalties for a DWI. They are as follows:

  • A mandatory use and installation of the ignition interlock device at your own cost for 3-6 months
  • 30-day license forfeiture
  • $250-$500 fine
  • 12-48 hours at the Intoxicated Driver Resource Center
  • Up to 30 days incarceration

What are the penalties for a second DWI offense in New Jersey?

If you are charged with a second DWI offense, the New Jersey court system will now view you as a repeat offender, and will, therefore, be even less likely to cut you a break this time around. The penalties for a second DWI offense in New Jersey are as follows:

  • 2-year license forfeiture
  • $500-$1000 fine
  • Up to 90 days incarceration
  • 12-48 hours in the IDRC, with applicable fees
  • An interlock device installation for the duration of your license suspension and 1-3 years after
  • $100 to AERF
  • $100 to the Drunk Driving Fund
  • 3-year surcharge of $1,000 per year
  • $75 to the Neighborhood Services Fund
  • Up to 30 days of community service

What happens if I am convicted of a third or subsequent DWI in New Jersey?

A third or subsequent DWI can change your life forever. If you are facing a third offense, you may face the following consequences:

  • 10-year license forfeiture
  • $1000 fine
  • Up to 180 days incarceration
  • 12-48 hours in the IDRC with applicable fees
  • $100 to AERF
  • $100 to the Drunk Driving Fund
  • 3-year surcharge of $1000 per year
  • $75 to the Neighborhood Services Fund
  • Up to 90 days of community service
  • Ignition Interlock Device during license suspension and 1-3 years after

Contact our experienced New Jersey firm

The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced defense attorneys throughout the state of New Jersey. We understand the severity and immediacy of all personal injury claims and additional legal matters, and we provide each of our clients with compassionate and aggressive legal assistance, every step of the way. Please contact our office for a free initial consultation and get any questions answered regarding your legal case.