While some other states charge drunk drivers with Driving Under the Influence (DUI), New Jersey uses different terminology. Those who drive drunk in New Jersey may face criminal charges for Driving While Intoxicated (DWI).
DWI is one of the more common charges levied against defendants in our state. Those who are accused of DWI can face serious consequences such as fines, licenses suspensions, and even jail time. Accordingly, it is important to have competent legal representation by your side while preparing your defense in a DWI case.
If you were accused of driving drunk in Glassboro, seek support and guidance from our experienced DUI defense attorneys at the Lombardo Law Group, LLC by dialing (609) 445-4300.
Defending Against a DWI Charge in Glassboro, NJ
There are many potential defenses you may utilize to have your DWI charges reduced or dismissed. During a free case review, our DUI defense lawyers can determine whether any of the following defense strategies may be applied to your case:
Challenge a Traffic Stop
One common way that defendants fight DWI charges is by challenging the basis for their traffic stops. For a police officer to perform a stop and administer a sobriety test, they are required to have a reasonable and articulable suspicion that you are violating the law.
There are multiple forms of conduct that may prompt an officer to conduct a traffic stop. As an example, you may be stopped because you committed an illegal left turn or disobeyed a traffic light. Still, you do not have to violate a traffic law in order for an officer to pull you over. For instance, you may be stopped because you were driving extremely slowly.
However, some traffic stops are performed without proper justifications. If you were subjected to an illegal traffic stop, then you may have your DWI charges dismissed.
Argue that Operation Was Not Proven
You can also defeat a DWI charge by arguing that operation was not proven. To be convicted of DWI, it must be proven that you operated your car while drunk or gave your keys to an individual you knew to be drunk. Issues with operation often arise in instances where defendants are found sleeping in their vehicles. For example, you can be accused of DWI if you were drunk and in possession of your keys while sleeping in your car. In that case, our legal team may be able to eliminate your DWI charge by proving that the prosecution did not establish the essential elements of operation.
Challenging a Breathalyzer Test
Additionally, you may be able to beat a DWI charge by challenging your breathalyzer test. Breathalyzers are complex devices that measure blood alcohol content (BAC) by examining the amount of alcohol on an individual’s breath. In many instances, these devices are not properly calibrated or maintained. These types of errors can cause breathalyzer readings to become unreliable. Therefore, you may have your DWI charge dismissed or reduced by asserting that your breathalyzer test was inaccurate.
It is important to note that refusing a breathalyzer test during a traffic stop can constitute criminal offense. The penalties for denying a breathalyzer test can include expensive fines, licenses suspensions, and the installment of an ignition interlock device on your car. This device is a portable breathalyzer that requires you to blow into it and prove that you are not drunk before operating your car.
Suppressing Statements Made During a Custodial Interrogation
Finally, you may be able to defend against a DWI charge by suppressing statements regarding your alcohol use that were made during your custodial interrogation. The process of being arrested can be traumatic and confusing. Many defendants are intimidated by officers into making statements that are not required. If you were improperly detained during your DWI investigation or if you were not provided your Miranda warnings prior to being questioned, then you may be able to suppress any statements you made concerning your sobriety.
Criminal Penalties Assessed Against Drunk Drivers in Glassboro, NJ
Drunk driving charges are treated very seriously in New Jersey. The following are all potential consequences you may face if you are convicted for DWI:
For First Time Offenders
First-time DWI offenders will face slightly less serious penalties than those who have been convicted for a repeated offense. The penalties assessed against first-time offenders will be determined by their BAC at the time they were stopped.
If your BAC was between 0.08% and 0.10%, then you may be fined between $250 and $400. It is also likely that your license will be suspended. The issue of whether or not you will be issued a prison sentence in this case will be decided by the judge.
If your BAC was over 0.10% at the time of your traffic stop, then the fines assessed against you can increase. You may have to pay a fine between $300 and $500. Your license may be suspended for several months and an ignition interlock device may be placed on your vehicle. Again, there is also a possibility that a prison sentence will be levied against you.
For Repeated Offenders
The punishments for repeated DWI offenders will be more severe. A second DWI conviction may be met with a prison sentence of up to 90 days. Additionally, those who are convicted of DWI for a second time may be assessed fines between $500 and $1000. Finally, second-time offenders may have their license suspended for one to two years.
After a second offense, additional offenses will be punished even more seriously. For third and subsequent offenses, defendants can be forced to pay fines totaling over $1,000 and may have to spend half a year in prison. Furthermore, these repeated offenders may have their licenses suspended for up to eight years.
Call Our Law Firm for Help Fighting a DWI Charge in Glassboro, NJ
Seek help from our experienced DUI defense attorneys at the Lombardo Law Group, LLC today by calling (609) 445-4300 for a free review of your case.
