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Attorney
Joseph A. Lombardo

DUI offenses are taken very seriously in Atlantic City. DUI, or driving under the influence, is defined by the State of New Jersey Motor Vehicle Commission as operating a motor vehicle with a BAC (Blood Alcohol Content) level of 0.08% or greater. You might feel sober, but if a police officer determines through a breathalyzer test that your BAC meets or exceeds 0.08%, you could be looking at license revocation, huge fines, and even incarceration.

At Lombardo Law Group, LLC, we have been representing residents of Atlantic City and beyond since 1993. Let us put our 20 years of experience and knowledge to work for you. Don’t attempt to argue your case on your own — call our law offices at (609) 418-4537 for a free consultation, or contact us online. Our attorneys are on hand 24 hours a day, seven days a week, to discuss the details of your case. Don’t wait until it’s too late. Call now.

DUI Laws and Charges in Atlantic City, NJ

DUI is a very common charge in Atlantic City. In 2011, over one-third of all motor vehicle accidents were attributed to alcohol impairment. There were close to 200 fatalities resulting from cases of DUI. Over half of those accidents involved drivers whose BAC levels were at 0.15% or higher — well beyond the 0.08% cut-off — and over 26,000 DUI arrests were made. With grim statistics like these, the state of NJ takes DUI charges very seriously — and enforces severe penalties. If you are convicted of a DUI in Atlantic City, there are grave legal ramifications that are strictly enforced.

The New Jersey Motor Vehicle Commission breaks down DUI charges into two categories:

  1. DUIs with a BAC equal to or greater than 0.08%, but less than 0.10%
  2. DUIs with a BAC equal to or greater than 0.10%

Penalties for a DUI in Atlantic City

The penalties for driving while drunk are severe and may include the loss of your driver’s license, heavy fines, and imprisonment. It should be noted that in Atlantic City, both “driving under the influence” (DUI) and “driving while intoxicated” (DWI) are used to describe the same thing, so the two terms are often used interchangeably.

In Atlantic City, New Jersey, if a person has a blood alcohol concentration (BAC) that is .08% or higher, they will be charged with a DUI/DWI. Penalties vary depending on the range that the BAC falls into and the number of prior offenses.

If a person is charged with a DUI/DWI and their BAC was above .08% but below .10% and it is their first offense, they may face 3 months of license suspension, a fine of between $250 and $400, time at an intoxicated driver resource center, and/or a maximum of 30 days’ imprisonment.

A first offense committed by a person who has a slightly higher BAC while driving (.10% or higher) may face a driving privilege suspension that lasts between 7 months and 1 year, a fine of between $300 and $500, 12 to 48 hours in an intoxicated driver resource center, and/or 30 days in prison. A second offense of driving with the same BAC may result in a loss of license for 2 years, a fine of $500 to $1,000, 12 to 48 hours spent in an intoxicated driver resource center, 30 days of community service, and/or up to 90 days in prison. Finally, a third offense of driving with a BAC of .10% can result in 10 years of driving privilege suspension, a fine of $1,000, 90 days of community service, 12 to 48 hours spent in an intoxicated driver resource center, and 180 days in prison.

0.08% – Less Than 0.10%

Here is a list of the various fines imposed upon drivers convicted of DUI with a BAC in this category:

  • $250-$400 fine
  • $230 IDRC (Intoxicated Driver Resource Center) fee
  • $100 to drunk driving fund
  • $100 to AERF (Alcohol Education and Rehabilitation Fund)
  • $1,000/year (for 3 years) surcharge, totalling $3,000
  • $75 to Neighborhood Services Fund

In addition to the fines incurred, the driver also faces a loss of their driver’s license for three months, as well as 30 days in prison. Additionally, they will be required to spend between 12 and 48 hours at an Intoxicated Driver Resource Center.

0.10% or Greater Blood Alcohol Level

Consequences for drunk drivers with BACs in this category are even harsher, due to the higher amount of alcohol and the increased risk factor when driving. The fines increase in turn:

  • $300-$500 fine
  • $230 IDRC fee
  • $100 to drunk driving fund
  • $100 to AERF
  • $1,000/year (for 3 years) surcharge, totalling $3,000
  • $75 to Neighborhood Services Fund

In addition to the fines incurred, the driver also faces a loss of their driver’s license for a minimum of seven months and up to one year, as well as 30 days in prison. Additionally, they will be required to spend between 12 and 48 hours at an Intoxicated Driver Resource Center. If their BAC is 0.15% or higher, they will be required to install in Interlock Ignition Device for the duration of their license suspension, and for an additional six months to one year afterward.

If you are a resident of Atlantic City and you are facing DUI charges, you risk having to pay thousands of dollars in fines, losing your transportation, and losing your freedom. You need the very best DUI attorneys fighting for you. Don’t hesitate — contact Lombardo Law today to explore your legal options.

Penalties for Refusing to Take a Breathalyzer Test

When a police officer suspects that you have been driving while intoxicated or under the influence, they can request that you take a breathalyzer test. Taking a breathalyzer test will let them know what your precise blood alcohol concentration is; if it is over .08%, they will likely arrest you.

People who are prone to driving while intoxicated or under the influence should know that refusing to take a breathalyzer test is not a way to avoid consequences for doing so. The penalties for refusing to take a breathalyzer test can be as severe as the consequences for driving while intoxicated or driving under the influence. A first offense of failing to take a breathalyzer test can result in 7-month license suspension and a fine between $300 and $500. A second offense can result in a 2-year license suspension and a fine of $500 to $1,000; a third offense may result in a 10-year license suspension and a fine of $1,000.

The Legal Process Following an Atlantic City DUI or DWI

After a suspect has been found to have a BAC that is above a certain limit, they will be arrested. Following the arrest, the offender will attend an arraignment. During an arraignment, the court will read your charges to you and you will be assigned an attorney if you cannot afford one. An arraignment is also a chance to plead guilty or not guilty. If you plead guilty, then the case is over and you will have to face the consequences. However, if you plead not guilty, you will then go to a preliminary hearing.

During a preliminary hearing, both sides will present their evidence and an argument in favor of their position. Then the judge will decide if there is enough evidence to pursue a conviction. If the judge determines that there is enough evidence for a conviction, then the case will go to trial. During the trial, the prosecution will present evidence that proves your guilt while your attorney presents evidence of your innocence.

Second Offense DUI / DWI Charges in Atlantic City

With our unique experience, the Lombardo Law Group, LLC, is able to handle cases for clients who have been previously convicted of a DWI and are facing a second offense.  Individuals with prior convictions can face more serious consequences. We have worked to get prior convictions dismissed and stricken. This can be an integral part of building a comprehensive defense against a second DUI/DWI conviction.

DUI Interlocking Device Regulations

An Ignition Interlock Device is attached to your vehicle and contains a built-in breathalyzer that will prevent the vehicle from starting when your BAC exceeds 0.05% and is the device the Court may require you get to fully restore your driving privileges if your license was suspended because of a DUI offense.

  • With the First DUI Offense: Installation of the interlock device is required for 6 months to 1 year
  • With the Second DUI Offense: Installation of the interlock device is required for 1 to 3 years or a 2 year suspension of registration privileges
  • With the Third DUI Offense: Installation of the interlock device is required for 1 to 3 years as a condition for restoring your driving privileges or a 10-year suspension of registration privileges

Upon receiving a Court sentence to get an interlock device, you will receive a notice of suspension from the Motor Vehicle Commission instructing you on how to obtain the Ignition Interlock Device.

Schedule a Free Consultation with an Atlantic City DUI + DWI Lawyer

If you have been arrested and charged with drunk driving in Atlantic City, you can face severe consequences including the loss of your license, expensive fines, and incarceration. The Lombardo Law Group, LLC, protects the rights of individuals who have been charged with a DWI/DUI in South Jersey.

By fighting to dismiss the charges and preparing cases for the possibility of trial, we build a comprehensive defense for each client. We have prepared for — and won — numerous trials for clients charged with DWIs and related traffic offenses. For more information about how Joseph Lombardo can help you fight your DUI or DWI case, call (609) 418-4537 today.

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