Drunk driving is not only dangerous, but a New Jersey DUI conviction can make finding a job, housing, and other opportunities challenging. A drunk driving conviction can also take your license and put a strain on your finances, leaving you in a vulnerable financial position.
Do you think you can beat a New Jersey DWI charge alone? Think again. New Jersey courts are tough on those accused of driving under the influence.
You need the help and experience only a knowledgeable New Jersey drunk driving defense attorney can provide. Otherwise, you can find yourself facing significant and life-altering penalties.
At the Law Office of Jason A. Volet, our New Jersey drunk driving defense lawyer will protect your rights and prepare a defense strategy to seek a favorable outcome for your situation.
Our DUI defense lawyers combine effective representation, practical knowledge, and extensive resources to help you fight back. Contact our New Jersey office immediately at (732) 863-5050 and request a free consultation 24/7. We are committed to serving you and giving you the legal advice you need to come out the other side of this situation.
Why Choose Our New Jersey DWI Defense Lawyer?
Although fighting a DWI charge may seem difficult, an experienced criminal defense attorney can give you the best chance of a favorable resolution.
Attorney Jason Volet of the Law Office of Jason A. Volet has nearly 30 years of experience in New Jersey’s criminal justice system as both a defense lawyer and a former prosecutor. He has earned certification as a Criminal Trial Attorney from the New Jersey Supreme Court and has worked on more than 4,000 criminal matters in his career, including numerous DWI cases.
With over 30 years of legal experience, criminal defense attorney Jason A. Volet is a fierce advocate for clients facing DUI charges in New Jersey. Past outcomes include:
- Driving while intoxicated ‒ Our client faced a DWI charge, reckless driving, and several other motor vehicle violations. After obtaining an expert report, Jason A. Volet persuaded the municipal prosecutor to dismiss the DWI charge in exchange for a plea to reckless driving. Avoiding a DWI conviction was particularly significant, as the client faced serious immigration consequences. State v. EAG (2026)
- Driving while intoxicated ‒ We represented a client who was able to avoid a license suspension after Jason A. Volet negotiated a plea to a lower-tier offense. The outcome included a three-month ignition interlock requirement. State v. KM
These case results do not guarantee the same results in your situation. Instead, they reflect the depth of experience that Jason A. Volet brings to every DUI case he handles.
Understanding Drunk Driving Charges in New Jersey
Many people in New Jersey use the abbreviations DUI and DWI interchangeably. New Jersey makes no distinction between the terms, like other states.
DWI stands for driving while intoxicated and is defined as operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or greater.
The charge includes operating a vehicle while under the influence of intoxicating substances like narcotics and hallucinogens. A driver can also be accused of being under the influence if their mental or physical abilities are substantially affected, regardless of their BAC.
What Must the State Prove for a DUI Conviction?
Proving driving under the influence charges requires law enforcement to collect evidence supporting the claim that an individual was behind the wheel with a BAC above the legal limit of .08 percent or otherwise intoxicated.
Observations, witness statements, and field sobriety test results are often used to try to prove they were operating a vehicle while impaired by drugs or alcohol.
In New Jersey, sitting behind the wheel of a vehicle with the engine running may be enough to warrant DUI charges. The operation of a vehicle does not always mean that the person is actively driving the car.
New Jersey law does not explicitly define “operation of a vehicle.” An effective prosecuting attorney can argue that an impaired individual in the driver’s seat with the engine running was operating the vehicle while drunk. Individuals have even faced the consequences of a DWI conviction for sleeping off an evening out in their vehicle.
Understanding drunk driving charges in New Jersey can be complicated. That is why you need to discuss your specific situation with a knowledgeable drunk-driving defense attorney as soon as possible.
What Are the Penalties for Drunk Driving Offenses?
The state does not take drunk driving offenses lightly. New Jersey has strict penalties for impaired driving, which can have long-lasting repercussions on individuals convicted of a DWI offense. New Jersey penalties for driving while intoxicated can be significant and include substantial fines and jail time.
Penalties for drunk driving may involve:
First-offense DWI with a BAC of .08 but less than .10 percent
- Fines between $250 to $400
- Up to 30 days in jail
- Driver’s license suspension until an Ignition Interlock Device (IID) is installed
- IID for 3 months
- 2 consecutive 6-hour days in the Intoxicated Driver Resource Center (IDRC)
- Car insurance surcharge of $1,000 per year for 3 years
First-offense DWI with a BAC of .10 but less than .15 percent
- Fines between $300 to $500
- Up to 30 days in jail
- Driver’s license suspension until an IID is installed
- IID for 7 to 12 months
- 2 consecutive 6-hour days in the IDRC
- Car insurance surcharge of $1,000 per year for 3 years
First-offense DWI with a BAC of .15 or higher
- Fines between $300 and $500
- Up to 30 days in jail
- Driver’s license suspension for 4 to 6 months
- IID is installed for the suspension period and 9 to 15 months after the license is restored
- 2 consecutive 6-hour days in the IDRC
- Car insurance surcharge of $1,000 per year for 3 years
Second-Offense DWI
- Fines between $500 to $1,000
- 48 hours to 90 days in jail
- Driver’s license suspension for 1 to 2 years
- IID for 2 to 4 years after the license is restored
- Completion of an IDRC evaluation and program requirements
- 30 days of community service
- Car insurance surcharge of $1,000 per year for 3 years
Third-Offense DWI
- A fine of $1,000
- 180 days in prison
- Driver’s license suspension for 8 years
- IID for 2 to 4 years after the license is restored
- Completion of an IDRC evaluation and program requirements
- 30 days of community service
- Car insurance surcharge of $1,500 per year for 3 years
A DWI conviction can also result in numerous financial penalties in the form of court costs, Drunk Driving Enforcement Fund surcharges, Intoxicated Driving Program fees, Motor Vehicle Commission restoration fees, and other fines. More significant penalties can occur in cases where a minor passenger was in the car at the time of the DWI.
There are other potential penalties you can face following a DUI conviction, such as damage to your personal and professional reputation.
You may find it challenging to secure employment or side hustles in specific sectors. You may also experience difficulties finding housing, educational, and financial opportunities.
The consequences of a DWI conviction can extend to numerous parts of your life. Contact our New Jersey drunk driving defense lawyer today.
Can I Drive If My License Was Suspended for a DWI?
What to Expect After a New Jersey DWI Arrest
After the police arrest a driver for suspected intoxicated driving, they will usually take the driver to the police station for breath testing or to the hospital to collect blood samples for drug testing. Under New Jersey’s implied consent law, drivers must submit to testing after a DWI arrest or face possible administrative sanctions, including suspension of driving privileges.
The driver will later make an initial appearance in court to hear their charges and enter an initial plea.
Following a conviction through a plea or after trial, a driver can face various consequences beyond criminal penalties. These may include requirements to attend Intoxicated Driver Program classes at an Intoxicated Driver Resource Center, install an ignition interlock device on their vehicles, and pay an insurance surcharge.
How New Jersey DWI Cases Are Defended
A driver arrested for intoxicated driving in New Jersey may have defenses to fight the prosecution’s case and seek a favorable resolution to their DWI charges. Some examples of defenses that might become available under certain facts and circumstances in DWI cases include the following.
Challenging the Stop and Arrest
A driver charged with DWI may seek to exclude evidence obtained during an improperly conducted traffic stop or arrest, including:
- The officer’s observations of the driver’s appearance and behavior
- The driver’s performance on field sobriety tests
- Post-arrest breath or blood test results
Drivers may contest the lawfulness of their stop by showing that police lacked evidence, observations, or information to support reasonable suspicion of intoxicating driving, another driving violation, or other criminal offenses.
Attacking Field Sobriety Tests and Observations
Drivers who submit to field sobriety tests may challenge the credibility of an arresting officer’s testimony by noting the officer’s lack of training to perform tests. Alternatively, they might highlight conditions that could have adversely affected their ability to perform a test, including:
- Taking the test on uneven or slippery ground
- Their physical limitations from injuries or conditions like arthritis
- Medical conditions that affect their vision, inner ear balance, or other abilities
Questioning Breath, Blood, and Urine Test Results
A driver may also contest the reliability of breath or blood test results by highlighting the police’s failure to follow testing procedures, such as:
- Not observing mandatory waiting periods
- Using uncalibrated or contaminated testing equipment
- Breaking the chain of custody of blood samples, leading to questions about potential mix-ups of samples
Expert testimony can identify testing problems that undermine the credibility of results.
