One of the most common traffic violations in New Jersey is driving while intoxicated (DWI) or driving under the influence (DUI). These charges can feel almost inescapable, like there is no point in putting up a defense. The truth is that everyone is entitled to a defense, and DWI charges are not always based on solid evidence. A lawyer can help you.
If you are charged with a DWI in New Jersey, the potential penalties will vary based on how many DWIs or DUIs you have on your driving record and your blood alcohol concentration (BAC). People with a history of DWIs and a high BAC tend to face much harsher penalties, including possible jail time. Fighting a DWI is not impossible. Maybe your BAC measurements are incorrect for some reason. Maybe someone spiked your non-alcoholic drink without your knowledge before you drove home. If there is any reason why you should not be charged, talk about it with a lawyer as soon as possible.
Call (609) 418-4537 and ask our DUI and DWI lawyers at the Lombardo Law Group, LLC for a free initial review of your case.
What Happens if You Are Charged with a DUI or DWI or Port Republic, NJ?
DWI charges carry a broad spectrum of penalties, and how a defendant is penalized may depend on various factors surrounding their case. According to N.J.S.A. § 39:4-50(a), DWI charges vary based on a person’s driving history and level of intoxication. Someone with one or more DWIs on their driving record and a high BAC at the time they were stopped for their current DWI may face harsher penalties than a first-time offender.
First Offense
If you have never had a DWI or DUI before now, your charges may be on the lower end of the sentencing spectrum. Even so, they may be very harsh, and you should speak to an attorney as soon as possible. If your BAC is at least .08% but lower than .10%, you may face fines of no less than $250 and no more than $400. You might also face up to 30 days in jail at the court’s discretion. Finally, you may have to forfeit your driving privileges until you install an ignition interlock device in your vehicle.
If your BAC is at least .10% but less than .15%, you may be fined at least $300 but not more than $500, face up to 30 days in jail at the court’s discretion, and be required to install an ignition interlock device in your vehicle.
If your BAC is .15% or higher, your penalties may include a license suspension for 3 months. Your BAC is a major factor in your case, especially for a first DWI charge, and our DUI and DWI defense lawyers will review how you were tested to determine if your BAC is accurate.
Second Offense
If you are facing your second DWI, the penalties become harsher. The fines increase to a minimum of $500 and a maximum of $1,000, even if your BAC is not quite as high. The court also has the discretion to order you to perform 30 days of community service. You might also face up to 90 days in jail. You will also likely lose your driver’s license for longer. For a second DWI, your license may be suspended for at least 1 year but not more than 2 years.
Third Offense or More
If you are charged with your third or more DWI, you may be fined $1,000 and sentenced to no less than 180 days in jail. You may also lose your license for 8 whole years. At this level, penalties are quite severe, and you should contact an attorney for help as soon as possible.
How to Fight DWI and DUI Charges in Port Republic, NJ
DWI charges might seem insurmountable, but it might be possible to defend yourself and even beat the charges. Have a lawyer review your case and help you determine the best defense strategies for your situation.
Your BAC
Perhaps the most important piece of evidence in a DWI case is the defendant’s blood alcohol concentration. The authorities need a BAC measurement to establish beyond a doubt that the defendant was intoxicated while driving. If the police botched the chemical testing and your BAC measurements are inaccurate, let your lawyer know. Alternatively, you might be able to have the BAC measurements excluded from the case if they were seized in violation of your rights. While chemical testing is required by law after being arrested, the police cannot force you to comply. If they did use force, your BAC measurements may be deemed tainted and kept out of the case.
Involuntary Intoxication
Perhaps you did not willingly consume or ingest any intoxicating substances before you got in your car. It is possible that someone spiked your non-alcoholic beverage with drugs or something else to make you become intoxicated. While involuntary intoxication is a less common defense, it does occasionally come up. If you can establish that you did not willingly consume any drugs or alcohol, but someone else tricked you or forced you to consume them, you might be able to avoid a conviction. However, this can be a tricky defense to navigate, and you should thoroughly discuss it with your lawyer.
You Were Not Driving
Believe it or not, many people are charged with DWIs even though they were not driving. Sometimes, just being inside the car while intoxicated is enough, depending on various other circumstances. If the police can establish that you were intoxicated and had “actual physical control” over the vehicle, they may arrest you for a DWI. Actual physical control is hard to define as it is not based on any single factor but many factors. For example, if you were intoxicated, sitting in the driver’s seat, and had the keys in the ignition, you may be charged even though the car was off.
The farther away you were from the steering wheel and the keys, the harder it may be for the authorities to prove you had actual physical control. For example, someone sleeping off too many drinks in the back seat of their vehicle while their keys are in the glove compartment does not have actual physical control.
Contact Our Port Republic, NJ DUI and DWI Lawyers for Help Today
Call (609) 418-4537 and ask our DUI and DWI lawyers at the Lombardo Law Group, LLC for a free initial review of your case.
