When Will I Get My License Back After a New Jersey DWI?
Unfortunately, if you are charged with a DWI, you may assume you’ll walk away with a slap on the wrist. However, this is far from the truth, as New Jersey takes these charges very seriously. As such, one penalty you will face is the suspension of your license. If you are charged with a DWI in New Jersey, understanding how long it will take to get your license back is critical. Luckily, the following blog explores everything you should know about this matter and why it’s imperative to connect with a Bergen County, NJ DWI attorney to help you through these matters.
What Warrants a DWI in New Jersey?
You can face a driving while intoxicated (DWI) charge with a blood alcohol concentration of 0.08% or higher. Similarly, you can face this charge while under the influence of alcohol but not over the legal limit. This means if you have any amount of alcohol in your system and the officer who performed the traffic stop determines it impacts your ability to operate a vehicle, you can face charges.
It’s also important to understand that New Jersey is a zero-tolerance policy state. As such, drivers under 21 who are found with any amount of alcohol, even with a BAC as low as 0.01% in their system, will be charged with a DWI.
How Long Does It Take to Get a License Back?
If you are charged with a BAC between 0.08% and 0.10%, you will lose your license until you get an ignition interlock device on your car. This device requires you to provide a breath sample to start and operate your vehicle. For a first offense, you must use this device for three months and pay for the installation. A subsequent DWI warrants a suspension for two years. However, you can opt to have the device installed, but you must use it throughout the length of your suspension and for up to three years following the restoration of your license.
Do I Need an Attorney?
It’s important to understand that New Jersey classifies DWI charges as traffic violations rather than crimes. As such, this charge cannot be expunged from your record if convicted. As such, doing what you can to beat the charges and avoid convictions is critical.
Though it may not seem possible, there are potential defenses you can employ to fight the charges you’re facing. One potential defense is that the charges were the result of an unreasonable search and seizure by police. When conducting a traffic stop, the police must have a reason to pull you over, like speeding or other violations. If they see you pull out of a bar parking lot, this is not reason enough to stop and charge you.
Additionally, you may be able to prove that the breathalyzer device used to collect your BAC was malfunctioning or otherwise uncalibrated. This can cast reasonable doubt on the legitimacy of the charges against you.
At the Law Offices of Richard E. Novak, LLC, our dedicated legal team will do everything possible to assist you through these complex times. Contact us today to learn how we can help you through these matters.