DUI / DWI

Driving under the influence, driving while intoxicated, and refusal to submit to a breath test are all very serious traffic offenses in New Jersey. Being convicted of any of these offenses will have devastating consequences

If convicted of DWI/DUI, Refusal to Submit to a breath test, Driving While Intoxicated in a School Zone, or any alcohol related charges, you will be subjected to any or all of the following penalties: significant fines and court costs; mandatory state surcharges; motor vehicle surcharges; license suspension; intoxicated driver resource center (“IDRC”); ignition interlock device; vehicle registration revocation; insurance increase and insurance points; community service; and possibly jail time. These penalties vary depending on whether an individual has been convicted for a first, second, third or subsequent offense.

There are various ways our Robbinsville DWI lawyers can fight your driving while intoxicated charges. For example, there are technical and scientific defenses with regard to the breath test including whether the machine was working properly, was not properly calibrated, or if there was an error with the results of the breath test readings. There are legal issues which may arise such as a motion to suppress evidence or lack of probable cause. There are very strict procedural standards that must be adhered to which include, 20 minute observation period, officer must be qualified to administer the breath test, his qualifications must be up to date, and if applicable chain of custody issues. Someone may also have defenses to the field sobriety tests if they have certain medical and/or physical conditions.

If you would like a professional evaluation of your current and distinct case, call our office for a free consultation. You can call and leave a message anytime of the day or night. If we are not immediately available, we will get back to you as soon as possible.

We understand that you may feel overwhelmed, confused, upset and even angry if you are charged with a DWI or related alcohol offense, however, it is essential you retain an attorney who specializes in this area. When results mean everything it is important to contact a qualified and experienced attorney who will fight for you.

DWI/DUI PENALTIES IN NEW JERSEY

New Jersey’s fines and penalties for those convicted of driving while intoxicated (DWI) are harsh.

DWI penalties for Offenses as of December 1, 2019 — N.J.S.A. 39:4-50(a)

For a First offense BAC of .08% or less than .10% (per se) or operation under the influence (observation)

  • Fines $250 to $400
  • DWI Surcharge $125
  • DDEF Surcharge $100
  • Assessments $6
  • Court Costs up to $33
  • SNSF $75
  • VCCO $50
  • loss of driving license until interlock installed
  • Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours
  • Up to 30 days in jail (not mandatory)
  • Interlock for Principle Vehicle 3 months

For a First offense BAC of .10% or less than .15%

  • Fines $300 to $500
  • DWI Surcharge $125
  • DDEF Surcharge $100
  • Assessments $6
  • Court Costs up to $33
  • SNSF $75
  • VCCO $50
  • loss of driving license until interlock installed
  • Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours
  • Up to 30 days in jail (not mandatory)
  • Interlock for Principle Vehicle 7 months to 1 year

For a First offense BAC of .15% or higher

  • Fines $300 to $500
  • DWI Surcharge $125
  • DDEF Surcharge $100
  • Assessments $6
  • Court Costs up to $33
  • SNSF $75
  • VCCO $50
  • loss of driving license 4 to 6 months
  • Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours
  • Up to 30 days in jail (not mandatory)
  • Interlock for Principle Vehicle during period of license forfeiture and for 9 to 15 months after license restored.
  • Facility Visitation (Optional)

*Person convicted of operating or permitting another to operate under the influence of a narcotic, hallucinogenic or habit-producing drug is subject to license forfeiture for not less than 7 months or more than 1 year.

As noted above, in addition to court-imposed penalties, there will be expensive DMV surcharges. For example, you must pay a $3,000.00 surcharge for first and second offense, and a $4,500.00 surcharge for third or greater offenses. A DWI conviction could also lead to termination from employment, credit issues, military discharges, and revocation of government security clearances.

Our Mercer County DWI lawyers are well-versed in all stages of the DWI plea and trial process. Our lawyers will argue your case and present any relevant defenses on your behalf; we will move to have your entire conviction dismissed; we will fight to keep you out of jail; we will also do our best to minimize your exposure to the serious penalties you are facing. We realize that if most people lose their license for an extended period of time, they may lose their job. Contact our DWI Lawyers immediately if you have been arrested for driving under the influence or driving while intoxicated. You can call our office anytime. If we are not available, please leave a message, and we will call you back as soon as possible.

NEW JERSEY DRIVING WHILE INTOXICATED LIMITS

Depending on the age and category of the driver, different Blood Alcohol Limits will apply

The BAC limit for any driver is 0.08%. In the State of New Jersey it is a violation for ANY driver to drive with a BAC (blood alcohol content – concentration) of 0.08% and above

The BAC limit for commercial drivers and operators is 0.04%. It is a violation for commercial vehicle operators to drive with a BAC of 0.04% or above

The BAC limit for minor (under the age of 21) drivers and operators is 0.01%. It is a violation for persons under 21 years of age to drive with a BAC (blood alcohol content – concentration) of 0.01% or above.

REASONS FOR THE MOTOR VEHICLE STOP

Police officers can conduct motor vehicle stops, for a number of reasons. Common observations from a law enforcement officer, whether it be a Police Officer, County Cop, or Trooper, that may lead to being stopped and arrested include:

  • Speeding
  • Making a turn too widely or narrowly
  • Driving too slowly
  • Using two lanes, straddling the center line
  • Almost hitting someone or something
  • Weaving from one side of the road to another
  • Tailgating, or Driving too close to vehicle in front
  • Driving on the center lines
  • Driving without headlights
  • Driving without a seatbelt
  • For more offenses please see our Traffic Violations page

If the police officer does not conduct a legal motor vehicle stop, all charges must be dismissed. Our Robbinsville DWI attorneys know the limits of the law, and will ensure that illegal stops will not be tolerated.

The goal of our firm is to save you time and money in court, avoid time in jail and costly surcharges, decrease your insurance rates, and help you keep you license. Johnwhartmann, Esq., has represented thousands of individuals charged with a variety of Traffic Offenses, including DWI under New Jersey Statute, Title 39. Our Robbinsville DWI attorneys can represent you throughout the entire state of New Jersey, including the Counties of Burlington, Monmouth, Ocean, Middlesex, Hunterdon, Somerset, Bergen, Passaic, Essex, Union and Hudson.