A police officer pulling you over for drunk driving will not care if your driving was the best they have ever seen; the fact that you have alcohol in your system is enough to get you charged and convicted of drunk driving. If you have been charged with driving while intoxicated (DWI), then you need help from an experienced DWI lawyer.
Our attorneys represent drivers accused of drunk driving, and we work to fight the prosecution’s evidence and get these charges dropped and dismissed. If you have been pulled over and are now facing high fines and even potential jail time for a DWI, you are likely to need advice and help processing all of the legal steps and defenses at your disposal.
For a free case review with our DWI lawyers, call Lombardo Law Group today at (609) 418-4537.
Penalties for DWI Convictions in Weymouth, NJ
If you are convicted of drunk driving under N.J.S.A. § 39:4-50, your penalties will depend in part on how much alcohol was in your system. Generally, DWI charges in NJ are divided into two main “tiers,” but there are some additional features to your charge that can affect the penalties:
“General Intoxication”
If your BAC is under .08%, there might be opportunity to convince a police officer that you should not be charged. However, if your driving was dangerous because of the alcohol in your system – and especially if you come right up against that “legal limit” with a .075% BAC, for example – an officer typically can charge you anyway.
Ultimately, we may be able to “plead down” a charge right on the cusp like this, potentially resulting in lower penalties that avoid license suspensions and MVC surcharges.
Penalties for a general intoxication DWI typically include fines, license suspensions, an order to participate in Intoxicated Driver Resource Center (IDRC) classes, use of an ignition interlock, and surcharges from the MVC equal to $1,000 per year for 3 years (so $3,000 total). Additionally, there are license restoration fees, payments to various funds, and increased car insurance costs to pay for.
Breathalyzer Refusal
This “general intoxication” tier also covers cases where there is no BAC test because the driver refused to take one. Refusing a post-arrest breath test can still lead to conviction of general intoxication DWI with the penalties listed above, but refusal is itself a separate offense under § 39:4-50.4a.
Refusing a breathalyzer can result in an immediate license revocation, fines, and IDRC requirements.
“Low-Tier” Per Se DWI
A DWI “per se” occurs when the driver’s BAC is over the legal limit. The law does not care whether this person is “drunk” in the sense that they are slurring their speech or having trouble operating the vehicle, it is illegal either way as long as their BAC is over .08%. While, of course, evidence of slurred speech, etc., will help them prove the case against you, the core evidence that convicts you will be a BAC test – usually a breath test – showing that you were over the “legal limit.”
This has the same penalties listed above for “general intoxication” DWIs.
“High-Tier” Per Se DWI
If your BAC is over .10%, you are likely very drunk, and it is hard to control your motor functions, let alone a vehicle, at that level of intoxication. As such, the penalties are higher, with increased fines and license suspension terms.
.15% BAC
If your BAC is over .15 – almost double the legal limit – then your penalties are basically the same as for a high-tier DWI, but your requirements to use an ignition interlock can be extended.
Repeat DWIs
Fines, suspension/revocation terms, and other penalties are increased. For a DWI conviction to count as a second, third, or other repeat DWI, it has to have occurred within 10 years of the previous one. A DWI older than 10 years is ignored for purposes of calculating penalties.
Underage DWI
Drivers under the age of 21 face a lower “legal limit” of .01% under § 39:4-50.14. Anyone driving a car before they are old enough for a license will not be able to have their license “suspended” because they do not actually have a license yet. If that is the case, your eligibility date for a license is pushed back instead.
Commercial Driving DWI
If you are caught driving drunk in a commercial vehicle, you also face a lower “legal limit” of .04% under § 39:3-10.13. You also face additional penalties, such as suspension of your CDL (commercial driver’s license), and you will likely be unable to pick up commercial driving work until a certain amount of time has elapsed.
Defenses to DWI Charges in Weymouth, NJ
In many cases, there is no excuse or justification for drunk driving, except perhaps doing so in an emergency of some kind. Outside of this rare defense, our strategy will usually involve fighting the stop, fighting the arrest, fighting the evidence, and bargaining for a plea to a lower offense.
Traffic stops can only be made with “reasonable suspicion” or at a properly set-up DWI checkpoint. If the officer had no proof that you were violating another traffic law or no good evidence that you were drunk, the stop is illegal and the case should be thrown out.
Similarly, the officer needs probable cause to arrest and charge you. Without sufficient proof of the odor of alcohol on the breath, slurred speech, field sobriety test failure, portable breath test failure, and other evidence, it might be difficult to prove they had enough evidence to arrest you.
From there, we might be able to fight to have certain evidence excluded. This can include testimony and observations from illegal stops like those discussed above, but we can also challenge testing results from tainted machines, the unscientific nature of field sobriety tests, and inexpert conclusions about your state of intoxication.
Lastly, we may be able to get your case “pled down” to a lower offense if the prosecution is willing to make a plea agreement with you. This ends the case faster and saves the court time and money, plus it reduces your penalties. However, it is only available if the prosecutor agrees to it.
Call Our DWI Layers in Weymouth, NJ Today
For a free review of your charges, call our DWI lawyers at Lombardo Law Group at (609) 418-4537.
