High BAC DWI Charges in New Jersey
It is a very serious offense when a driver is charged with Driving While Intoxicated (DWI). If a driver’s blood alcohol concentration (BAC) is over the legal limit of 0.08% while operating a vehicle, they may be charged with a DWI. A law enforcement officer can determine BAC through the use of a Breathalyzer or an Alcotest.
Sometimes, a driver’s BAC is significantly higher than the legal limit. If a driver is found with a BAC over 0.10% they may be charged with a High BAC DWI. New Jersey courts are harsh in charging and penalizing those who drive while intoxicated. This may intensify for those with a High BAC DWI charge.
Penalties of a High BAC DWI
When a driver has a High BAC, law enforcement takes the offense very seriously. Drivers with a BAC of 0.10% or higher may face the following consequences:
- Up to 30 days in jail
- A suspended driver’s license for 7-12 months
- A fine between $300 and $500
- $100 to the Alcohol Education and Rehabilitation Fund
- $100 to the Drunk Driving Fund
- $75 to the Neighborhood Services Fund
- 12-48 hours in the Intoxicated Driver Resource Center
- The installation of an ignition interlock device during the license suspension and between 6-12 months after its restoration
It is important to know that New Jersey does not issue hardship license to drivers. A hardship license is issued after the suspension of a regular license, allowing individuals to drive under certain circumstances. In New Jersey, people are not able to request this license for any work or school necessities.
Options for Defense
When facing a High BAC DWI charge, it is important to know the options available for defense. When a law enforcement officer stops a driver under the suspicion of a DWI, they must follow a certain process before they can charge the driver. This may include:
- A lawful stop: An officer is required to have probable cause for stopping a driver on the road. If they did not, the arrest may be unlawful and evidence from the stop may be thrown out of court.
- Field sobriety tests: To determine a driver’s level of toxicity, an officer may conduct sobriety tests. These tests must be administered by following the correct guidelines. If they are not, the evidence may be inadmissible in court.
- A breath test: When a driver is pulled over, the officer cannot administer a breath test right away. They must conduct an assessment of the driver and their condition for at least 20 minutes before administering the test.
Contact our Firm
If you have been charged with driving while intoxicated and wish to speak with an experienced attorney, 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.