People who get behind the wheel after one too many drinks may be charged with driving under the influence (DUI) or driving while intoxicated (DWI). While these are somewhat common charges, they should not be disregarded. DWIs often have serious consequences that can ripple across a person’s entire life and affect them for years to come. As such, you need a good lawyer on your side.
Penalties for DWIs vary based on your driving history. First-time offenders typically get the least severe consequences, while those with a longer history of driving and drinking tend to be punished more harshly. Whether this is your first time or not, talk to a lawyer about how to defend yourself. If the police seized evidence illegally or lacked probable cause to arrest you in the first place, you stand a better chance of fighting the charges. On top of all this, you should also be mindful of chemical testing, as it is legally required of all drivers.
Get a confidential, free review of your case from our DUI and DWI defense lawyers at the Lombardo Law Group, LLC by calling (609) 418-4537.
Possible Penalties for a DUI or DWI in Somers Point
The penalties for your DWI charges will vary based on whether you have prior DWI convictions. According to N.J.S.A. § 39:4-50, a person who operates a car while under the influence of drugs or alcohol may be charged. Generally, you may be charged with a DWI per se if your blood alcohol concentration (BAC) is at least .08%. However, you may still be charged if your BAC is lower, but you are still too inebriated to drive safely.
First Offense
The penalties for someone’s first DWI tend to be less severe than penalties for those with multiple DWIs on their records. However, the penalties tend to be complex and vary based on your supposed level of intoxication. Our DUI and DWI defense lawyers will make sure your penalties, if imposed, are fair and accurate.
According to § 39:4-50(a)(1), if your BAC is at least .08% but less than .10%, you may be fined no less than $250 and not more than $400. You may be detained for at least 12 and no more than 48 hours. You might also be sentenced to up to 30 days in jail at the court’s discretion. To top it all off, you will not be allowed to drive until you agree to install an ignition interlock device in your car. This device will prevent your car from starting if you have any alcohol on your breath.
The penalties increase if your BAC is higher. If your BAC is at least .10%, or you were under the influence of drugs when you were pulled over, you may face fines of at least $300 but no more than $500. You may be detained for at least 12 hours but no longer than 48 hours, and the court can impose a 30-day jail term. If drugs are involved, you may lose your license for at least 7 months and up to 1 year.
If your BAC is at least .10% but lower than .15%, you must install an ignition interlock device in your vehicle. If your BAC is .15% or higher, you may lose your license for no less than 4 or more 6 months.
Second Offense
The fines, potential jail time, and license suspensions mentioned above only get worse for people facing their second DWI conviction. According to § 39:4-50(a)(2), a second violation may be met with a fine of no less than $500 nor more than $1,000. You may be ordered to perform 30 days of community service and sent to jail for at least 48 hours but not more than 90 days. You may also lose your license for no less than 1 year or more than 2 years.
Third and Subsequent Offenses
Defendants facing their third offense or more may face some of the harshest penalties for DWIs. According to § 39:4-50(a)(3), a convicted defendant may be fined $1,000 and sentenced to jail for no less than 180 days. You will also lose your license for 8 years. This is an extremely long amount of time to be without a license. Unless you live in an area with a lot of public transportation, you might have no way to get around for nearly a decade.
Defense Strategies for DWI and DUI Charges in Somers Point
Anyone charged with a crime or offense in New Jersey has the right to mount a defense and challenge the case against them. Even though dealing with a DWI can be embarrassing, you have every right to defend yourself. Remember, even the authorities are imperfect, and mistakes happen all the time that might cause your charges to be dropped or dismissed.
One defense tactic is to scrutinize the BAC results. After you are arrested, the police may have you submit to chemical testing so they can measure your BAC. These test results are key evidence in the prosecutor’s case. Without these BAC measurements, the case might completely fall apart. If we have any reason to believe your BAC measurements are less than accurate, we can challenge them in court. Maybe the testing equipment malfunctioned or had not been tested and calibrated recently. Maybe the officer administering the test made an error. If we can undermine the BAC measurements, we can greatly strengthen your case.
We should also consider whether the police had enough reasonable suspicion to pull you over in the first place. The police need to have some articulable reason for why they pull you over. Otherwise, the stop was illegal, and any evidence obtained during the stop may be tainted and excluded from your trial. Tell your lawyer if you think you were pulled over for an unlawful or arbitrary reason.
We must also consider the sufficiency of the prosecutor’s evidence. If they lack the evidence necessary to meet their burden of proof, we can move to have your charges dismissed.
Speak to Our Somers Point DUI and DWI Defense Lawyers for Assistance
Get a confidential, free review of your case from our Dui and DWI defense lawyers at the Lombardo Law Group, LLC by calling (609) 418-4537.
