Joseph A. Lombardo
If you have been arrested and charged with drunk driving in the State of New Jersey, 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.
Penalties for a DUI in New Jersey
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 New Jersey, 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 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.
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 a DUI or DWI in NJ
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 New Jersey
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 a prior conviction 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.
Schedule a Free Consultation with a DUI + DWI Attorney in South Jersey
If you or someone you know has been charged with a DUI/DWI in the state of New Jersey, you should seek legal help immediately. Contact the Lombardo Law Group, LLC, to schedule a free consultation and discuss how Joseph Lombardo can help you. Call (609) 418-4537 today.
The Personal Injury Trial attorneys of Lombardo Law Group, LLC have recovered 10s of Millions for accident victims over their careers
“Joe is a top-notch attorney who zealously represents his clients with intelligence, compassion and integrity. A great resource and team player, I wholeheartedly recommend Joe Lombardo.”