DWI charges are tiered. This means that the consequences are dependent upon your blood alcohol concentration (BAC) and your prior charges. As a result, a high BAC can mean high consequences. Read on to learn more.
What is a high BAC DWI?
A DWI can result in serious consequences. However, a high BAC can be considered reckless driving, increasing your penalties. In New Jersey, a BAC of .08% or higher can result in a DWI. A BAC of .10% or higher can constitute a high BAC.
What are the consequences of a high BAC DWI?
If you are facing consequences for a high BAC DWI, you may experience the following:
- Up to 30 days of incarceration
- A license suspension of up to 12 months
- $100 to the Drunk Driving Fund
- $75 to the Neighborhood Services Fund
- Up to 48 hours in the Intoxicated Driver Resource Center
- The mandatory installation of an ignition interlock device during the license suspension and up to 12 months after its restoration
- A fine between $300 and $500
- $100 to the Alcohol Education and Rehabilitation Fund
Common DWI defense
A DWI charge can impact you for the rest of your life. However, there are numerous defenses when it comes to a DWI charge. An experienced criminal defense attorney may be able to utilize the following defenses:
- Unlawful stop: Officers who stop a driver must have probable cause. If you and your attorney can prove that they did not have probable cause, it may be considered an unlawful stop. This can cause the evidence they have against you to be thrown out of court.
- Field sobriety tests: Police officers often conduct field sobriety tests to determine if a driver is under the influence. However, if the tests were improperly administered, you may have a defense against the charges. For example, an officer must make sure you understand the test and allow individuals to remove high heels.
- A breath test: Officers generally cannot administer breath tests immediately. They are required to conduct an assessment of the driver’s condition for at least 20 minutes beforehand. If they do not, you may have a defense against your charge.
If you have any questions or concerns about a DWI, our firm is here to help. The sooner you reach out, the sooner we can begin building your defense.
Contact our Firm
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.