Can I Have a DWI Expunged in New Jersey?
Whether you made a mistake and got behind the wheel under the influence or you were sleeping the buzz off in the backseat, facing a DWI in New Jersey may not seem like a big deal. After all, this isn’t even charged as a criminal offense, so it must not be that bad. However, you should not take this charge lightly, as a DWI cannot be expunged from your record. As such, it’s in your best interest to enlist the assistance of a Bergen County, NJ DWI attorney. Keep reading to learn more about this offense.
What Constitutes a DWI in New Jersey?
In New Jersey, a Driving While Intoxicated (DWI) charge impacts those driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher. However, if your BAC is lower, but you still show signs of inebriation, which render you unable to operate a vehicle, it can warrant a DWI.
It’s important to note that if you are operating a commercial vehicle with a BAC of 0.04% or you are under 21 with a BAC of 0.01%, you will also face a DWI. Similarly, a DWI applies to those under the influence of legal and illegal drugs.
Can a DWI Be Expunged From My Record?
Expungement is the process of removing eligible criminal activity from a convict’s record. This helps give those who made mistakes the ability to have a fresh start, as it will wipe all information regarding their arrest, trials, convictions, and other information about their offense from their legal record.
Unfortunately, a DWI cannot be expunged from your record in New Jersey. Expungement only applies to criminal offenses, and the Garden State classifies a DWI as a traffic offense.
What Options Do I Have?
Generally, there are only two options if you’re facing a DWI charge in New Jersey – fight it or accept it. It’s always in your best interest to consult an attorney before entering any sort of plea.
If you believe you can fight the offense, an attorney can help you. You may dispute the charge, as it was the product of an illegal search and seizure, the breathalyzer device was not working, the officer administering the test did not do so properly, or there are other factors that could have influenced the outcome of your sobriety test.
Should you choose to plead guilty under the guidance of your attorney, you may be able to work out a deal with the prosecution to have the charges reduced. Regardless, the offense will stay on your record for ten years.
When facing a DWI, it’s vital to contact an experienced lawyer as soon as possible. At the Law Offices of Richard E. Novak, our dedicated legal team will work tirelessly to help you achieve the best possible outcome for your circumstances. Contact us today to learn how we will fight for you.