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Drivers are often mortified to be arrested for a DWI or DUI, but not everyone charged with such an offense is guilty. Like any other charge or offense, the authorities must prove the case against you with evidence while following strict legal protocols and procedures. If the police or prosecutors make significant mistakes, your attorney can help you fight the charges.

When a driver is stopped for a DWI, the police must have a good reason. Arbitrary stops or stops conducted at random are unlawful. If you are stopped, the police might ask you numerous questions or have you perform some field sobriety tests to determine if you are intoxicated. Depending on whether this is your first, second, third, or additional DWI, the potential penalties may be quite severe. Talk to your attorney about what happened when you were initially stopped. If there is not enough evidence to support the charges, you should not be convicted.

Contact our DWI and DUI defense lawyers for a free case assessment by calling the Lombardo Law Group, LLC at (609) 418-4537.

What Happens During a Police Stop for a DWI or DUI in Margate?

In many cases, the police cannot tell from the outside of a driver’s vehicle whether they are intoxicated. As such, the police often do not realize a driver has had too much to drink or is under the influence of controlled substances until after they pull them over. Many people are charged with DWIs not because the police knew they were inebriated but because they were driving erratically, speeding, or otherwise driving recklessly and dangerously.

The police need one of these reasons to pull someone over because it is unlawful for them to stop drivers at random or arbitrarily. For example, a police officer cannot stop you because you drove off from the parking lot of a bar. They have no reasonable suspicion that you might be under the influence. However, if they notice you swerving erratically between lanes after you drive off, they may pull you over. Tell our DWI and DUI defense lawyers if you were stopped for seemingly no reason. In such a case, evidence obtained pursuant to the traffic stop might be tainted and inadmissible in court.

Once a driver is stopped, the police cannot arrest them unless they can find some probable cause to justify the arrest. Probable cause is difficult to pin down and is often viewed as a totality of circumstances rather than any single factor. For example, if the police notice a driver swerving, a strong odor of alcohol, and slurred speech, they might have enough probable cause to arrest them. They might even ask the driver to perform field sobriety tests, like walking in a straight line or hopping on one foot, to gather more probable cause.

Possible Consequences of DWIs and DUIs in Margate

According to N.J.S.A § 39:4-50(a), drivers convicted of DWIs may face a whole host of penalties and consequences, which may vary based on the driver’s history of DWIs and their BAC at the time they were arrested for the current DWI. As detailed below, first-time offenders tend to face somewhat smaller penalties compared to those with prior DWIs on their records or those with especially high BACs.

First Offense

While drivers facing their first DWI or DUI might receive comparatively lower penalties than drivers with prior DWIs, the penalties are still nothing to laugh about. According to subsection (a)(1) of the statute above, penalties for first-time DWI offenders may vary based on their degree of intoxication.

If your BAC is at least .08% but lower than .10%, you may face no less than 12 and no more than 48 hours behind bars and fined at least $250 but not more than $400. Additionally, the court has discretion to impose a 30-day jail term. You may also be stripped of your driving privileges until you install an ignition interlock device in your vehicle. Such a device requires a driver to blow into it before starting their vehicle. If the device detects alcohol on the driver’s breath, the car cannot start.

If a first-time offender’s BAC is at least .10% but less than .15%, or they were under the influence of certain controlled substances, the fines increase to at least $300 but not more than $500. Again, the court may impose a 30-day jail term at its discretion, and you must install an ignition interlock device in your vehicle.

If your BAC was .15% or higher, you may lose your driver’s license for at least 4 months and up to 6 months. For those convicted of DWIs for having controlled substances in their systems, they may lose their licenses for at least 7 months and up to 1 year.

Second Offense

If you are facing your second DWI violation, you still have every right to defend yourself, but the penalties if you are convicted are much worse. The fines are much larger, and you might have to pay at least $500 but not more than $1,000. The court can order you to perform community service for up to 30 days. You may be sentenced to jail for no less than 48 hours but no more than 90 days. Finally, you may lose your driver’s license for at least 1 entire year and up to 2 years.

Third Offense or More

For a third or subsequent offense, the penalties are extremely serious. If you have not yet contacted an attorney about a third DWI, you should do so immediately. First, you will be fined $1,000 and sentenced to jail for no less than 180 days. You will also lose your license for 8 entire years. These penalties can have serious negative effects on other areas of your life. If you cannot drive for 8 years, how will you get to work? How will you pick your kids up from school? If you do not live in an area with adequate public transportation, this might be a major hindrance to your life.