Individuals in Deptford that drive after drinking or taking an intoxicating drug can be charged with driving under the influence (DUI) or driving while intoxicated (DWI), depending on the substance taken.
DUI and DWI are different charges under New Jersey law but have very similar penalties. Regardless of whichever you are charged with, there could be serious consequences. First-time offenders might not receive jail time, but the fines can be expensive, and you will most likely lose your license for an extended period. Drivers charged with additional offenses could see jail time and stand to lose their driving privileges for several years.
If you are facing serious consequences from a DUI or DWI charge, our DUI and DWI lawyers can help you by providing the best defense possible. For a free evaluation of your case, contact the Lombardo Law Group, LLC today at (609) 445-4300.
Understanding the Difference between DUI and DWI in Deptford, NJ
Many people are familiar with the terms “driving under the influence” and “driving while intoxicated” and often use them interchangeably. However, DUI and DWI are two separate charges in Deptford. Each has its own definition under the law and requirements to prove in court.
DWIs specifically refer to crimes where the defendant is charged with driving under the influence of alcohol. If a driver is pulled over while driving under the influence of a drug or other intoxicating substance, like pharmaceuticals, they can be charged with DUI. Of course, DUI charges can also apply to alcohol as it is an intoxicating substance.
N.J.S.A. § 39:4-50 defines intoxicating substances broadly. According to the statute, people can be guilty of DWI if they are under the influence of alcohol, narcotics, hallucinogens, or habit-producing drugs like opioids.
It is vital to work with an attorney regardless of which crime you have been charged with. The legal strategies used in your case will largely depend on whether you are facing DUI or DWI charges. While these cases are very much alike, the necessary defenses are not. Our DUI and DWI lawyers can review your case and determine the best way to fight your charges.
Potential Consequences for DUI and DWI in Deptford, NJ
While defending each DUI and DWI case is unique, the punishments for each are nearly indistinguishable and are contained in the same statute listed above. The penalties for a first offense are not as serious as additional offenses but will still likely have negative consequences for the defendant and their life. Our DUI and DWI lawyers can help you whether this is your first time being charged or you have prior convictions and fight to have the charges dismissed or reduced.
Penalties for a First Offense
The penalties for a first-time DWI offense will depend on the accused’s blood alcohol concentration (BAC) at the time of the stop. The penalties increase the higher a driver’s BAC is. Law enforcement will use a breathalyzer machine to determine a driver’s BAC, which tests your blood-alcohol levels by blowing into it. While you have the right to refuse a breathalyzer test, doing so will typically result in an automatic suspension of your driving privileges.
If a driver’s BAC is between 0.08% and 0.10%, fines can range from $250 to $400. In addition, a judge can order a defendant to spend 30 days in court if they deem it necessary. They can also be ordered to install an interlock device in their vehicle, which prevents the car from being started without the driver performing a breathalyzer test on the device. It will not start if it detects alcohol in the driver’s blood. If a driver’s BAC is at or above 0.10%, fines can increase from $300 to over $500.
If a driver is found to have a BAC between 0.10% and 0.15%, it is almost guaranteed that the court will order an interlock device installed. If your BAC was at or above 0.15% when arrested, your license could be suspended for a period of four to six months.
Even first-time offenses for driving under the influence of intoxicating drugs can be harsh. If convicted, your driving privileges will be revoked for at least seven months and up to one year.
If this is your first offense, you stand a better chance of having your charges reduced and potentially saving yourself from tougher sentences. Our DUI and DWI attorneys can help you if this is your first time facing legal consequences and work to get you the lightest sentence possible.
Penalties for Further Offenses
As one would expect, the consequences become stiffer the more someone finds themselves in trouble for the same dangerous behavior as before. For those facing a second DUI or DWI charge, they can expect to be fined between $500 and $1,000. It is also common to be ordered by the court to perform community service if not outright sentenced to jail, which can be for up to 90 days inside. Your license will also be suspended for a minimum of one year and up to two years in total.
If a driver is again arrested for DUI or DWI, they will face even worse punishment. At a certain point, the court might make an example of a repeat offender and order the maximum sentence punishable under the law. This can include fines of $1,000 or more and will likely include at least half a year in jail. While your sentence might be reduced if you agree to attend a drug or alcohol treatment program, do not expect it to be reduced by more than 90 days. Further, your driving privileges will also be revoked for eight years. Our DUI and DWI attorneys can help you negotiate for the best possible outcome if you are facing another DUI or DWI charge.
Our Deptford, NJ DUI and DWI Lawyers Can Help
If you are facing charges for DUI or DWI, our DUI and DWI lawyers can help you fight the charges and protect your driving privileges. Call the Lombardo Law Group, LLC at (609) 445-4300 to get a free case review.
