New Jersey courts take DWI charges very seriously. Penalties can include fines, license suspension, and even jail time. If you are facing a first-time charge for driving while intoxicated in New Jersey, remember that you do not have to handle it alone. The legal team at Keith Oliver Criminal Law is here to help.
Defendants facing these charges need an experienced lawyer on their side to make sure they know their full rights and options. You can count on us to guide you through the legal process and develop the strongest possible defense on your behalf. Contact Keith Oliver Criminal Law today to schedule your free, confidential consultation.
New Jersey DWI Laws
New Jersey has strict laws in place to deter and punish intoxicated driving. Specifically, any of the following can lead to a DWI charge:
- Driving under the influence of intoxicating liquor, narcotics, hallucinogens, or habit-producing drugs;
- Driving with a blood alcohol concentration (BAC) of 0.08 percent or more; or
- Permitting another person who is intoxicated to drive your car.
It is worth reemphasizing that alcohol is not the only substance that can lead to a DWI charge. Driving under the influence of drugs, even when prescribed by a physician, can result in a DWI charge if they impair your ability to drive. Further, though the governing law specifically prohibits driving with a BAC over 0.08 percent, lower concentrations of alcohol in your system could also lead to a DWI.
What Happens After Being Charged with a DWI in New Jersey?
Chances are you are unfamiliar with the formal steps of prosecution if you are facing your first DWI. This section highlights some basic terminology.
- Arraignment – You can find the date of your first court appearance, known as an “arraignment,” on your DWI ticket. At this appearance, the presiding judge will read the charges against you and ask how you would like to plead. If you plead guilty, the court can choose to sentence you then and there. If you plead not guilty, your case proceeds to trial. Having your lawyer present at your arraignment is the best way to make sure you know your rights and do not undermine your own defense.
- Pre-trial motions – Before trial, your lawyer or the prosecutor may also file various motions with the court. For example, your lawyer may file a motion to suppress certain evidence or to dismiss the case entirely. Some pre-trial motions may require a hearing.
- Pre-trial discovery and conference – To prepare for trial, your lawyer will request access to all of the evidence against you in a process known as “discovery.” There may also be a series of pre-trial conferences where the prosecution, defense, and judge discuss evidence that will be presented (or excluded), witnesses that will be put on the stand, and the trial date.
- Trial – In New Jersey, DWI trials are conducted without a jury. The prosecution presents its case to the presiding judge and must prove your guilt beyond a reasonable doubt. Your attorney then presents your defense. After hearing from both sides, the judge will decide whether the prosecution has met its evidentiary burden to prove your guilt.
- Sentencing – If the judge finds you guilty of a DWI, they will proceed to sentencing. The judge has some discretion in determining the appropriate penalty depending on aggravating or mitigating factors.
- Appeal – If the judge finds you guilty, you may appeal your conviction to the Superior Court. Your lawyer can determine if doing so is in your best interests and pursue an appeal on your behalf.
What Are the Penalties for a First DWI Offense in New Jersey?
The penalty for a first DWI offense depends on the defendant’s BAC at the time of the offense. Anyone convicted of their first DWI with a BAC of at least 0.08 percent but less than 0.10 percent faces the following penalties:
- A fine of $250-$400
- Imprisonment for up to 30 days
- Driver’s license forfeiture until an ignition interlock is installed (required for 3 months)
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years
The penalties become more severe if your BAC was higher. Anyone convicted of their first DWI with a BAC of at least 0.10 percent but less than 0.15 percent faces the following penalties:
- A fine of $300-$500
- Imprisonment for up to 30 days
- Driver’s license forfeiture until an ignition interlock is installed (required for 7 months to one year)
- A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
- An automobile insurance surcharge of $1,000 a year for 3 years
Finally, anyone caught driving with a BAC of 0.15 percent or higher will have their license suspended for 4-6 months and must also install an ignition interlock device in their principal vehicle. The device must remain installed during the license suspension and for 9-15 months after the license is restored.
What If I Am a Minor?
New Jersey has a zero-tolerance law in place for underage drinking and driving. Anyone under 21 years of age caught driving with any detectable amount of alcohol in their system (.01 BAC or above) faces the following penalties:
- Loss or postponement of driving privileges for 30 to 90 days
- 15 to 30 days of community service
- Referral to an Intoxicated Driver Resource Center or participation in a safety education program
They may also face separate penalties for consuming alcohol while underage.
Common Defenses Against DUI Charges
The DWI defense team at Keith Oliver Criminal Law is standing by to evaluate your case and prepare a strong defense on your behalf. Some common defenses against a first-offense DUI in New Jersey include:
- Challenging the traffic stop – If the police officer lacked probable cause to stop your vehicle, your constitutional rights may have been violated. Accordingly, your lawyer could try to suppress any evidence obtained after the stop.
- Challenging the field sobriety test – Law enforcement must administer field sobriety tests according to specific procedures for the results to be valid. We can challenge the validity of this test.
- Challenging the breathalyzer test – Police must properly calibrate and administer breathalyzer tests for those results to be valid and admissible as evidence. If they failed to do so, we could move to have those results tossed too.
These are just a few possible defenses in a DWI case. One of our skilled attorneys can thoroughly review your case to make sure others are not overlooked.
Consult With Our Experienced DWI Defense Lawyers in Somerset County Today
A DWI conviction can lead to serious and long-lasting legal consequences. Working with a skilled criminal defense attorney can help minimize them. At Keith Oliver Criminal Law, we believe that no one accused of a crime should lack excellent legal representation. Let us fight for you. Contact us today for a free, confidential consultation and find out what we can do for you.