In addition to facing criminal penalties like expensive fines and jail time, drunk drivers can suffer an array of other consequences such as license suspensions and mandatory community service. Accordingly, you should not treat a drunk driving accusation lightly. Having competent legal representation by your side can be highly beneficial when seeking to have your charges eliminated or reduced.
While many other states may use the phrase “Driving Under the Influence” (DUI), prosecutors in New Jersey regularly call it “Driving While Intoxicated” (DWI). The team at our law firm has experience dealing with DWI cases. We are prepared to provide defendants with thorough support while navigating the legal process. Further, we will fight to assure that our clients’ rights and interests are protected.
Immediately after being arrested for drunk driving in Pennsauken, NJ, get help from our experienced DUI defense attorneys by calling the Lombardo Law Group, LLC at (609) 445-4300.
Criminal Penalties for DWI in Pennsauken, NJ
Those who drive drunk in New Jersey can be charged with DWI under N.J.S.A. § 39:4-50. The state treats this offense very seriously. For instance, defendants can be assessed the following criminal penalties:
First Time Offenders
If you are arrested for DWI for the first time, then the penalties you face will be comparatively less severe than those imposed on repeat offenders. Still, the repercussions for your alleged misconduct can be harsh. The nature of the penalties assessed in your case will likely be determined by your Blood Alcohol Content (BAC) at the time of your arrest.
For example, someone with a BAC between 0.08% and 0.10% may have to pay a fine between $250 and $400. Further, they may have their driver’s license suspended. Finally, the judge may determine to issue a jail sentence if they feel it is necessary.
Meanwhile, if it was determined that the accused had a BAC above 0.10%, then the penalties they face can escalate. In this case, the defendant may be assessed a fine between $300 and $500. Moreover, their license may be suspended for several months. Again, the judge will decide whether or not to issue a jail sentence in this case.
Understanding the consequences of a DWI charge can be very helpful when crafting your defense. Our DUI defense lawyers can explain the penalties that may be levied against you during a free review of your case.
For Repeated Offenders
As previously mentioned, the penalties assessed against repeat offenders can be more impactful. If you are convicted of DWI for a second time, then the court may impose a jail sentence of up to 90 days and assess a fine between $500 and $1000. Further, your license can be suspended for up to two years.
After a second offense, the penalties for additional convictions ramp up even more. For example, for third and subsequent offenses, jail terms can last up to six months and fines may cost over $1,000. Additionally, if you are convicted of DWI for a third time, then you may have your driver’s license suspended for a maximum of eight years.
Fortunately, there are still many ways that repeat offenders can potentially fight the charges they are facing. Our legal team can assist when analyzing your case and identifying the proper course of action.
Are There Other Penalties You Can Face for Drunk Driving in Pennsauken, NJ?
Jail sentences, expensive fines, and license suspensions are not the only types of penalties that can be levied against drunk drivers in New Jersey. For example, any of the following consequences may accompany a conviction of DWI:
Ignition Interlock Device Installation
After being convicted of DWI, the court may require that an ignition interlock device be installed on your vehicle. An ignition interlock device is an instrument that you must blow into every time you want to start your car. The device will determine your BAC and prevent your car from starting if your BAC exceeds certain limits.
If the court orders that an ignition interlock device must be placed on your car, then you will have to pay for the device’s installation and monitoring.
Mandatory Alcohol Education Programs
Another potential consequence of a DWI conviction is mandatory participation in alcohol education programs. These programs aim to raise awareness about the dangers of drunk driving and help individuals overcome alcohol dependency. While these programs can be helpful, it may be challenging to balance them with your work obligations and personal life.
Court-Ordered Community Service
Additionally, if you are convicted of DWI, then you may have to complete a certain number of community service hours. For example, the court may require a drunk driver to contribute to a non-profit organization or help with a community project. This type of penalty can be challenging for a defendant as it requires them to dedicate significant time and effort, potentially disrupting their work life and daily routine.
Higher Insurance Premiums
Finally, a drunk driving conviction can cause your insurance premiums to increase significantly. This can create a financial burden that lasts for years after your arrest. Assistance from competent legal representation can be very valuable when seeking to avoid facing higher insurance premiums in your case.
Potential Defenses Used in Drunk Driving Cases in Pennsauken, NJ
There are multiple strategies that may be used to fight against a DWI charge in New Jersey. For instance, the following are all examples of potential defenses that may be used in your case:
Invalid Traffic Stop
You can fight against a drunk driving charge by asserting that the police officer who pulled you over did not have a valid reason to do so. In order for a law enforcement officer to pull you over and administer a sobriety test, they must have a reasonable suspicion that you are breaking the law. If no such suspicion existed in your case, then you may be able to challenge the legality of your traffic stop.
Fortunately, our legal team can review the circumstances of your case to determine if your traffic stop was proper. If you were pulled over without a valid reason, then we will begin building your defense right away.
Inaccurate Field Sobriety Test
You can also fight against a drunk driving accusation by asserting that your field sobriety test is inaccurate. Field sobriety tests are often used by law enforcement officers to assess motorists’ levels of intoxication. However, these tests can be subjective and may be affected by various factors like weather conditions and physical disabilities. As a defendant in a drunk driving case, you may be able to question the reliability of the test results being used against you.
For example, after being pulled over, you may be asked to perform a one-legged standing test during your traffic stop. The prosecution may assert that the results of this test indicate that you were impaired. However, if you previously had a knee injury that affected your ability to stand on one leg, then you may be able to prove that the results at issue are not accurate.
Faulty Breathalyzer Test
Furthermore, our legal team may help you avoid penalties for DWI by establishing that you were subjected to a faulty breathalyzer test.
Breathalyzers are devices that measure your BAC by examining the amount of alcohol on your breath. They can produce inaccurate results if they are not calibrated correctly, if they are poorly maintained, or if certain substances interfere with their readings. Therefore, you may be able to avoid a conviction of DWI if you can prove that there was an issue with the device used calculate your BAC.
For example, upon investigating your case, our attorneys may uncover that the device used during your traffic stop was not appropriately calibrated. In that instance, we could fight your DWI charge by arguing that your breathalyzer test was faulty.
Medical Conditions
Certain medical conditions can cause symptoms similar to intoxication, such as slurred speech or impaired motor skills. Therefore, you may also be able to defend against a DWI charge by proving that you have medical conditions that were misinterpreted as signs of intoxication. Typically, when using this defense, you must present a wide range of medical records and expert witness statements that support your assertions.
Violation of Miranda Rights
Finally, you may also fight a drunk driving charge by establishing that your Miranda rights were violated. If law enforcement officers failed to notify you of your Miranda rights before questioning you, then any statements you made during your interrogation may be suppressed. In other words, they may be restricted from being used as evidence. When investigating the circumstances of your case, our DUI defense attorneys can determine if your Miranda rights were violated.
Penalties for Refusing to Submit a Breathalyzer Test in Pennsauken, NJ
You can face serious consequences for refusing to submit a breathalyzer test in New Jersey. The penalties have been established by N.J.S.A. § 39:4-50.4a. Like penalties for drunk driving charges, these penalties will increase with each subsequent offense.
For a first offense of refusing a breathalyzer test, you may face a mandatory license suspension lasting between seven months and one year. Further, you may be assessed a fine between $300 and $500.
As a second time offender, your license may be suspended for up to two years and you may have to pay a fine that costs between $500 and $1000.
Finally, for a third or subsequent offense of refusing a breathalyzer test, you can have your license suspended for up to ten years and may be assessed a fine ranging between $1000 and $2000.
Common Locations Where People are Pulled Over for DWI in Pennsauken, NJ
Drunk driving can occur on any road at any time. Still, there are certain places where drivers are regularly pulled over for DWI. The following are common locations where DWI arrests occur in Pennsauken:
Checkpoints and Sobriety Checkpoints
Law enforcement agencies tend to set up sobriety checkpoints in areas with high vehicle traffic and near popular entertainment venues. These locations provide an opportunity to survey a high number of drivers, increasing the chances of catching intoxicated motorists. Additionally, checkpoints are often strategically placed to deter drunk driving by creating a visible and unpredictable presence of law enforcement.
Entertainment Districts
Areas with vibrant nightlife like entertainment districts are also places where many DWI arrests happen. There are usually many people consuming alcohol in these areas. Therefore, police officers are likely to patrol these areas during peak hours when establishments close.
Near Highway Exits
Many DWI stops happen near highway exits. Impaired drivers who attempt to enter or exit highways may exhibit erratic behaviors when navigating complicated interchanges. Also, many popular restaurants and bars are located close to highway exits.
School Zones
School zones are another area that is often patrolled for drunk drivers. Law enforcement checks these areas to protect children and ensure compliance with stricter traffic laws. Those who drive drunk in school zones also may be treated more harshly when the court assesses penalties for their behavior.
Residential Areas Near Bars and Nightclubs
Finally, residential areas near bars and nightclubs are common places where motorists are stopped for DWI. Law enforcement officers regularly patrol these neighborhoods to deter potential drunk drivers and protect local residents.
If You Were Charged with DWI in Pennsauken, NJ, Our Attorneys Can Help
Seek help from our experienced DUI defense lawyers by calling the Lombardo Law Group, LLC at (609) 445-4300.
