Galloway Twp DUI + DWI Lawyer

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If stopped for a DWI, you may face significant legal consequences. Your license could be at stake, and time behind bars is a real possibility. Although your situation might feel dire, you may have numerous options for defending yourself.

First, you should cooperate with law enforcement while also protecting yourself from incrimination. Resisting arrest will only lead to more trouble, but you do not have to help them gather evidence against you. While post-arrest chemical testing is legally required, field sobriety tests and roadside breath testing are not, and you do not have to submit just because the police ask. Hire an attorney to help you fight your charges by examining the evidence and determining if the police violated your rights.

Contact the Lombardo Law Group and ask our DWI and DUI attorneys for a free, private case review by calling (856) 281-9600.

What to Do if You Are Charged with DWI in Galloway Township

Facing a DWI can be humiliating and scary. You might be afraid of losing your license, making your daily life much harder. If you are charged with a DWI, remain calm and contact an attorney for assistance.

During your arrest, you should cooperate with law enforcement. You must also understand your rights so you can protect yourself. The police will want to gather evidence and probable cause to support an arrest, and you do not have to help them.

For example, they may request that you participate in field sobriety tests or take a portable breath test. You are not required to submit and may refuse. However, chemical testing becomes mandatory after arrest.

You should contact an attorney as soon as possible. Penalties are typically based on the number of DWIs or DUIs on your record and your BAC at the time of the traffic stop. A longer history of DWIs and a higher BAC may lead to more severe penalties. Our DUI and DWI attorneys will help you prepare a defense to the charges once we understand what we are up against.

Legal penalties for DWIs and DUIs

The potential penalties for a DWI or DUI are described under N.J.S.A. § 39:4-50(a) and may vary greatly depending on your circumstances. If you have had DWIs in the past or your BAC was especially high, you may face harsher penalties.

License Suspensions

You could lose your driver’s license for a while. For a first DWI or DUI, drivers typically do not lose their license if they agree to put an ignition interlock device in their vehicles. These devices prevent a car from starting if the driver has alcohol on their breath. A first offense involving certain controlled substances may cost you your license for at least 7 months but not more than 1 year.

A second violation may result in a suspension of no shorter than 1 year and no more than 2 years. A third violation results in a lengthy suspension of 8 years.

Fines

Fines for a first offense begin at a minimum of $250 and a maximum of $400 if your BAC is at least .08% but still under .10%. A BAC of .10% or greater may result in fines of no less than $300 and no more than $500. For a second violation, the fines increase to no less than $500 and up to $1,000. For a third or additional DWI, the fine will be a minimum of $1,000.

Jail Time

For a first offense, the judge has discretion to impose a 30-day jail term. However, the judge may show leniency and choose to impose a lighter sentence or forego jail time. However, jail time may be mandatory for a second offense, and you could face no less than 48 hours and up to 90 days. For a third offense, you may face no less than 180 days in jail.

Chemical Testing Requirements in DUI or DWI Cases in Galloway Township

Chemical testing is how the authorities measure a driver’s blood alcohol concentration (BAC). The most common form is breath testing, although the police may test blood or urine samples.

According to N.J.S.A. § 39:4-50.2(a), post-arrest chemical testing is mandatory. Drivers have impliedly consented to such testing by virtue of driving a car on public roads.

Under subsection (e) of the law, the police must obtain consent from the driver before testing. Even though testing is legally required, the police may not use force. If they do, the BAC measurements may not be used against you.

If you refuse testing, the police must inform you of the penalties. If they do not, you should not be subject to those penalties.

Penalties are described under § 39:4-50.4a and increase for every refusal violation on your record. For a first refusal violation, you may lose your license until you install an ignition interlock device in your vehicle. For a second violation, your license may be suspended for no less than 1 year or longer than 2 years. For a third refusal, you may face an 8-year license suspension.

Fighting DWI and DUI Charges

Fighting DWI charges may feel impossible, but you might have more options than you realize. One possibility is that we can get evidence of your BAC excluded from the case. If the police forced you to submit to chemical testing, we can exclude your BAC measurements because they were taken illegally. Alternatively, if the testing equipment was faulty, we can argue that the results may be inaccurate and should not be trusted.

We may also challenge evidence that was obtained pursuant to an unlawful traffic stop. The police must have a valid reason to pull you over. If they did not, the stop is illegal. We may also challenge the stop if you believe it was discriminatory. The police may not pull people over based on factors like race, gender, or ethnicity.