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Facing DWI Chargesin New Jersey?

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New Jersey Drunk Driving Defense Attorney

A man drunk at a bar in New Jersey.

Being convicted of driving while intoxicated (DWI) or driving under the influence (DUI) in New Jersey can have devastating effects on your personal and professional life. New Jersey’s drunk driving laws impose some of the most severe penalties in the nation, including hundreds or thousands of dollars in fines and up to 30 days in jail, as well as a loss of driving privileges. Further, New Jersey prohibits plea bargaining a DWI to a lower charge.

Don’t try to confront a DWI charge without a skilled attorney by your side. A N.J. drunk driving lawyer at The Law Office of Jason A. Volet recognizes the severe consequences of a DWI conviction. Defense Attorney Jason A. Volet is prepared to fight for your rights and your freedom. Jason Volet is a former New Jersey prosecutor and brings a practical understanding of how prosecutors approach drunk driving cases. He knows how to identify weaknesses in the prosecution’s case and develop a strong defense for you.

Contact The Law Office of Jason A. Volet if you have been charged with DWI in New Jersey to review the details of your case and map out a defense strategy for you.

What are the New Jersey Laws and Penalties for NJ Drunk Driving Convictions?

Under New Jersey law, it is illegal to drive with a blood alcohol concentration (BAC) at or above 0.08%. The threshold is 0.04% for commercial drivers, such as truckers and bus drivers. A person younger than 21 years old may be found guilty of DWI with any detectible amount of alcohol in his or her blood while behind the wheel of a car.

A driver’s BAC may be established with breath, blood, or urine tests. However, if the police officer thinks that your driving is negatively affected in any way by alcohol consumption, you may be arrested and charged with drunk driving.

New Jersey statute N.J.S.A. 39:4-50 describes “driving while intoxicated” as operating a motor vehicle while under the influence of liquor or a narcotic, hallucinogenic or habit-producing drug, or with a BAC of 0.08% or more. The terms “DWI” and “DUI” mean the same thing and are used interchangeably in New Jersey.

Even a first DWI conviction can land you in jail and cost hundreds of dollars in fines. Subsequent convictions for DWI bring harsher penalties.

What Are the Potential Convictions and Penalties for a New Jersey DWI Offense?

The Penalties for a NJ DWI First Offense:

With BAC higher than 0.08 but less than 0.10%:

  • $250-$400 fine
  • Up to 30 days in prison
  • Driver’s license suspension until ignition interlock device is installed
  • Installation of an ignition interlock device for 3 months
  • Two 6-hour classes at the Intoxicated Drivers Resource Center over two consecutive days
  • Annual insurance surcharge penalty of $1,000 for 3 years

With BAC higher than 0.10 but less than 0.15%:

  • $300-$500
  • Up to 30 days in prison
  • Driver’s license suspension until ignition interlock device is installed
  • Installation of an ignition interlock device for 7 to 12 months
  • Two 6-hour classes at the Intoxicated Driver Resource Center over two consecutive days
  • Annual insurance surcharge penalty of $1,000 for 3 years

With BAC 0.15% or higher:

  • $300-$500
  • Up to 30 days in prison
  • Installation of an ignition interlock device during the license suspension period of 4 to 6 months and for 9 months to 15 months after license restoration
  • Two 6-hour classes at the Intoxicated Driver Resource Center over two consecutive days
  • Annual insurance surcharge penalty of $1,000 for 3 years

Any conviction for DWI also results in:

  • $100 Drunk Driving Enforcement Fund surcharge
  • $100 Motor Vehicle Commission restoration fee
  • $100 Intoxicated Driving Program fee
  • $75 Safe and Secure Community Program fee
  • $50 Violent Crimes Compensation Fund fee

The court may also order the revocation of the defendant’s vehicle registration.

The Penalties for a NJ DWI Second Offense:

  • $500-$1,000 fine
  • 2 to 90 days in prison
  • 1 to 2-year driver’s license suspension
  • Installation of an ignition interlock device for 2 to 4 years after license restoration
  • Completing the Intoxicated Driver Resource Center evaluation, referral, and program requirements
  • 30 days of community service
  • Annual insurance surcharge penalty of $1,000 for 3 years
  • $425 in program fees

The Penalties for a NJ DWI Third Offense:

  • $1,000 fine
  • 180 days in prison
  • 8-year driver’s license suspension
  • Installation of an ignition interlock device for 2 to 4 years after license restoration
  • 30 days of community service
  • Completing the Intoxicated Driver Resource Center evaluation, referral, and program requirements
  • Annual insurance surcharge penalty of $1,500 for 3 years
  • $425 in program fees

A parent or guardian convicted of driving while intoxicated with a passenger in the motor vehicle who was 17 years old or younger is also guilty of a disorderly person’s offense. They will lose driving privileges for up to 6 months and will be required to perform community service for up to 5 days.

man drinking and driving

What Common Types of DWI Cases Do We Handle in New Jersey?

There are several variations on a DWI charge available to police and prosecutors. An experienced New Jersey drunk driving lawyer at The Law Office of Jason A. Volet will mount a strong defense if you face accusations of:

  • Alcohol- or drug-related DWI with a BAC greater than 0.08% but less than 0.10%
  • Alcohol- or drug-related DWI with BAC of 0.10% or more
  • Driving or riding with an open container
  • Driving with a DWI suspension
  • Driving while possessing drugs
  • Refusing a Breathalyzer or other chemical test
  • Underage DWI
  • DWI in a school zone or school crossing

What is the Impact of the 2019 New Jersey Driving While Intoxicated Statutes?

New Jersey DWI laws were rewritten in 2019 to encourage prosecution and conviction for drunk driving. Regardless of blood-alcohol concentration (BAC), a defendant can be convicted of DWI if he or she has ingested any amount of alcohol. A person may be found guilty if the court is satisfied by a police officer’s testimony that the driver exhibited a substantial deterioration of the mental faculties or physical capabilities when arrested.

Prosecutors cannot allow you to plead to a lesser offense if you are charged with DWI in New Jersey.

New Jersey courts can convict people for DWI if they are found asleep in their car after drinking. If you are intoxicated and police officers encounter you near your parked, and not running vehicle, you can be arrested and convicted of DWI in New Jersey.

It is imperative that you are represented by an experienced drunk driving defense attorney if you have been charged with DWI in New Jersey. A conviction can cost you your freedom, your driving privileges, and thousands of dollars. It will be on your record for years to come for potential employers and others who conduct background checks to find and hold against you.

Alcoholic drink and car keys

Let Our Experienced New Jersey DWI Defense Attorney Help You

Regardless of how strict New Jersey’s drunk driving law is, you still have the right to legal representation and a strong defense. Prosecutors must still prove guilt beyond a reasonable doubt to secure a conviction. Let the Law Office of Jason A. Volet investigate the circumstances of your arrest, including the field and chemical sobriety tests, any other alleged evidence against you, and whether your rights were violated in any way.

New Jersey criminal attorney Jason Volet is dedicated to helping individuals charged with DWI in New Jersey. Schedule a free consultation with us immediately either online or by calling (732) 391-6877. Never face drunk driving charges alone. Call our law firm now for experienced legal assistance.

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Frequently Asked Questions

I am often asked as a New Jersey DWI Attorney if you can still drive if your license was suspended for DWI. You should, under no circumstances, be driving an automobile if your license is suspended. I advise clients as a New Jersey DWI Attorney that there are no hardship licenses in New Jersey. Penalties are enhanced, and can result in jail time and further suspension.
Have a Question about your Case? Contact us for a free consultation or call us today at (732) 863-5050

Let Our Experienced New Jersey DWI Defense Attorney Help You

From the moment we take your case, we will begin working to try to get your DWI charges dropped or reduced. We will also start investigating the details of your case to determine whether your rights were violated in any way.   At our New Jersey DWI defense law firm, we believe in the presumption of innocence. Contact us today to schedule a free and confidential case consultation, and let us get to work for you. Our firm is committed to helping people facing criminal charges in Freehold, Marlboro, Middletown, Wall Township, Manalapan, Howell, Rumson, Red Bank, Ocean Township, Colts Neck, Holmdel, Asbury Park, and throughout Monmouth County.

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