Those arrested for DWI/DUI can face serious penalties, even for the first offense. Our lawyers can explain the potential consequences and how to defend against the charges.
If this is the first time being charged with DWI/DUI, the court has more discretion with the penalties. We can help you install an ignition interlock device so you can keep your license and negotiate with the prosecution to avoid jail time. For a second or subsequent offense, drivers will face mandatory fines and license suspensions, which can be as long as eight years. Jail time is also possible, but we might be able to lower an automatic sentence by getting you into an approved rehabilitation program.
For a free case review with our DUI and DWI lawyers, call the Lombardo Law Group today at (856) 281-9600.
DUI and DWI Charges in Longport, NJ
Many states distinguish between driving under the influence (DUI) and driving while intoxicated (DWI), but New Jersey law technically does not. Here, driving under the influence of an illegal narcotic, alcohol, or a prescription medication is the same offense and generally referred to as DWI.
So, do not be confused if you see DWI/DUI used interchangeably. It is more important to be aware of the legal limits and have our DWI/DUI defense lawyers help if you have been charged. Minimum legal limits will differ depending on the driver and other circumstances.
DWI/DUI Limits for Adults
According to N.J.S.A. § 39:4-50(a), most drivers cannot operate a vehicle if their “BAC” (blood alcohol concentration) is 0.08% or more, regardless of whether they are under the influence of alcohol, narcotics, hallucinogens, or other habit-producing drugs.
This is not a hard limit to reach. Even just one drink might make you legally intoxicated, despite not feeling drunk.
Remember, this is simply the minimum limit. Penalties will typically be worse the higher your BAC is.
DWI/DUI Limits for Minors
Minors younger than 21 are prohibited from purchasing alcohol in the first place. Thus, they can be charged with DWI/DUI if their BAC is 0.01% or higher under § 39:4-50.14(1).
DWI/DUI Limits for Commercial Drivers
Commercial drivers are held to a higher standard under 49 C.F.R. § 382.201 and can be charged with DWI/DUI if they have a BAC of 0.04% or more.
They can also be charged under § 382.213 if they operate a commercial vehicle under the influence of any federally scheduled controlled substance, unless they have a valid prescription that does not interfere with their driving abilities.
Chemical Testing in Longport, NJ DUI/DWI Case
Under N.J.S.A. § 39:4-50.2(a), any person driving in the state gives automatic consent to be chemically tested if arrest for DWI/DUI, whether they are aware of it or not.
Police Chemical Tests
The police can request a breath, urine, or blood test after arresting a suspect for DWI/DUI. However, they must have “reasonable grounds” to believe the person is committing DWI/DUI to request it.
In many cases, the police will conduct a field sobriety test. If failed, they will have probable cause to make the arrest and reasonable grounds for chemical testing. Finding open containers or smelling alcohol on a driver’s breath will likely also provide reasonable grounds for testing.
The police cannot force a suspect to take the test, though. If someone refuses to take the test, the police must inform them of the consequences of doing so, according to § 39:4-50.2(e).
Consequences for refusing to submit to a chemical test typically includes mandatory license suspension and fines.
Independent Chemical Tests
The police must also inform drivers of their right to get independent chemical testing by a physician or qualified person of the choosing under § 39:4-50.2(c).
The independent test is done is in addition to law enforcement’s test but can provide evidence that might undermine the police test results.
License Suspensions for DUI/DWI in Longport, NJ
License suspensions generally depend on whether the defendant has prior DWI/DUI violations and their BAC level in their current case.
First Offense
Under § 39:4-50(a)(1), a person whose BAC is 0.08% but less than 0.10% might not have their license suspended upon the first offense if they voluntarily install an ignition interlock device. This rule also applies to those under the influence of alcohol with a BAC under 0.15%.
Those with a BAC of 0.15% or higher will automatically lose their license for three months after installing an ignition interlock device.
If a driver is convicted of being under the influence of a narcotic, their license will be suspended for at least seven months but can be up to a year.
Subsequent Offenses
For a second violation, your license can be suspended for a period of one to two years under § 39:4-50(a)(2).
For a third or subsequent violations, the license suspension will be eight years under § 39:4-50(a)(3).
Fines for DUI/DWI in Longport, NJ
Fines are also based on the driver’s history of DWI/DUI offenses and BAC level.
First Offense
When a driver’s BAC is 0.08% but under 0.10%, they will have to pay a fine between $250 and $400.
If their BAC is 0.10% or higher, fines increase to a minimum of $300 but not more than $500.
Subsequent Offenses
Drivers convicted of a second offense must pay a fine between $500 and $1,000.
A person with subsequent offenses after the second is subject to a mandatory $1,000 fine.
Jail Time for DUI/DWI in Longport, NJ
People often avoid jail time for their first offense, but the court has the discretion to sentence a driver to up to 30 days in jail.
A second conviction will result in an automatic 48-hour jail sentence but can be up to 90 days. Defendants must also perform 30 days of community service.
For a third or more offense, a person will be sentenced to at least 180 days in jail or a workhouse. The court can lower this sentence if the person participates in an approved inpatient rehabilitation program.
Call Our Longport, NJ DUI and DWI Lawyers Now for Help
Contact the Lombardo Law Group at (856) 281-9600 for a free case review with our DUI and DWI attorneys.
