DWI Laws

The police in New Jersey and across the nation are always aggressively looking for what they consider to be drunk drivers. And if they look hard enough, they will find them. Unfortunately, many police officers are quick to arrest anyone who they might only remotely suspect could be impaired or drunk.

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Just a drink or two, and maybe an accidental spill will create the suspicions in a police officer’s eyes. If you’ve got bad knees or are overweight, and “fail” a rigged, so-called field sobriety test, you will probably find yourself in the back of a police car.

But that doesn’t mean you are guilty of DWI, or drunk driving.

Of course, people do drive drunk, and I don’t endorse that. It’s dangerous and stupid. But just because you were arrested and accused does not mean you were drunk, and it does not mean you are guilty.

Police make mistakes, and arrest people on DWI charges all the time who are definitely not guilty. Everyday people like you and I get stopped for driving drunk all the time. It is one of the few criminal charges where the average person can find himself accused of a crime due to bad luck.

Even if you feel you did make a mistake, and should not have been driving, you need to be careful about how you proceed. You can’t expect the courts to treat you fairly without experienced legal representation.

I have defended countless clients against DWI charges in the N.J. criminal courts. I know what you are facing and I want to help. Contact me today so we can discuss the details of your case and plan out the best way to move forward.

New Jersey DWI Penalties

What kind of penalty am I facing for a first offense DWI in New Jersey?

While DWI charges are considered quite serious, if this is your first offense you will find that the penalties are slightly less severe. If you are found to be driving with a blood alcohol content greater than .08% (and less than .10%) and have no prior DWI convictions you may face the following penalties:

1. A fine of $250 to $400,
2. At least 12 hours spent over a period of 2 days at a Intoxicated Driver Resource Center,
3. Up to 30 days in jail, and
4. Driver’s license suspension for up to 30 days.

Enhanced DWI Penalties

If your blood alcohol level is greater than .10% you will face enhanced penalties under New Jersey Law:

1. A fine of $300-$500,
2. At least 12 hours spent over a period of 2 days at a Intoxicated Driver Resource Center,
3. Up to 30 days in jail, and
4. Driver’s license suspension for 7 months to 1 year.

Ref: NJ Stat. §39:4-50

What if I Refuse the Breath Test?

New Jersey is an “implied consent” state which means if the police ask you to submit, you are legally required to do so. A refusal will be met with additional penalties. If this is your first offense of a breath test refusal, you will face additional driver’s license revocation of 7 months to one year.

If this isn’t your first DWI charge, see my DWI Second Offense page for more information.

What should I do after being charged with a DWI?

When facing charges of this magnitude, the best thing to do is to talk to a professional. I have defended many people against drunk driving charges, and challenged DWI laws at the highest level of the New Jersey court system. Contact me today for a consultation on your case and to find out how I can help.