DWI Defense in New Jersey

Posted on by Accel Admin

DWI Defense in New Jersey

The state of New Jersey takes driving while intoxicated (DWI) charges very seriously. If a police officer suspects that an individual of a DWI, they may conduct a series of field tests or administer a Breathalyzer. This determines the driver’s blood alcohol concentration (BAC). In New Jersey, a driver can be found guilty if their BAC is over the legal limit of 0.08%. Those driving commercial vehicles have a legal limit of 0.04%. Being charged with a DWI may result in immense fines as well as possible jail time.

Offenses for Drivers Under 21

If a driver is under the legal age of 21, they are automatically charged with a DWI if they are found with a BAC of 0.01% or higher.  In the event of this, the driver may face the following penalties:

  • Suspended license for 90 days
  • Various fines
  • Community service for up to 30 days
  • Participating in the Intoxicated Driver Resource Center

First Offense DWI

For drivers with a BAC over 0.08% but under 0.10%, penalties may consist of:

  • Suspended license for 3 months
  • A $250-$400 fine
  • A $1000 yearly surcharge for 3 years
  • 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

Second Offense DWI

If an individual is charged with their second DWI, the consequences are more intense than that of a 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
  • A $100 Alcohol Education and Rehabilitation Fund fee
  • 12-48 hours in the Intoxicated Driver Resource Center
  • Up to 90 days in jail
  • Installed ignition interlock device

Third Offense DWI

If an individual is charged with a third DWI in 10 years, they are subject to severe penalties. This may involve:

  • Up to 180 days 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

It is important to have strong legal counsel on your side to assist you in challenging DWI charges. An attorney can look into the following 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 The Law Offices of Richard E. Novak, LLC. today.

The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.