Having a drink or two is not a crime but driving after having a few too many drinks certainly is. Driving under the influence (DUI) or driving while intoxicated (DWI) may lead to serious criminal penalties and the loss of your license.
The terms DUI and DWI are often used interchangeably and refer to driving a vehicle while intoxicated with alcohol or controlled substances. Charges for DUIs and DWIs depend on your criminal history, blood alcohol concentration (BAC), and whether anyone was hurt. Generally, a second, third, or subsequent offense is punished more harshly than a first offense. You can also lose your driver’s license. How long you lose your license depends on the nature of your charges. Once you have your license back, you might be required to drive with an ignition interlock device (IID) that prevents you from starting the car if you have alcohol in your system.
You can contact our Winslow, NJ DWI lawyers for help if you were arrested for a DUI or DWI. For a free case assessment, call the Lombardo Law Group, LLC at (609) 445-4300.
Charges for DWIs and DUIs in Winslow, NJ
Criminal charges for DUIs and DWIs are somewhat complicated, and numerous factors are considered when charges are assessed. Charges are evaluated under N.J.S.A. § 39:4-50 and will differ depending on whether this is your first, second, or subsequent violation. Charges also vary based on factors like your BAC, whether anyone was hurt, and whether there were controlled substances in your system. Our Winslow, NJ DWI attorneys can help you figure out your charges so we can fight them in court.
First Offense
If you are faced with your first DUI or DWI charges, the penalties largely depend on your BAC, although various other aggravating and mitigating factors may be considered. Generally, if your BAC is at least .08% but under .10%, you may be fined at least $250 but no more than $400. You might also be detained for at least 12 hours but no more than48 hours. You could also lose your license until you install an ignition interlock device in your car.
If your BAC was .10% or higher, you may be fined no less than $300 and no more than $500. You could also be detained for at least 12 hours but not more than 48 hours. You also face a possible jail sentence of up to 30 days.
Defendants charged with DUIs or DWIs with BACs of at least .10% but less than .15% will lose their driver’s license until they install an ignition interlock device in their vehicle. If your BAC was at least .15% or higher, you will lose your driver’s license for at least 4 months but no more than 6 months following the installation of the IID.
Second Offense
A second violation for a DUI or DWI comes with somewhat harsher penalties. Defendants facing their second violation must pay at least $500 but no more than $1,000 in fines. They might also be ordered to perform 30 days of community service. Possible jail time includes at least 48 hours but no longer than 90 days behind bars. Finally, the defendant will lose their driver’s license for at least 1 year but not more than 2 years.
Once the suspension period on your driver’s license is up, you can reapply for a license, but it is not guaranteed to be approved. Your new driver’s license is approved or denied at the discretion of the Chief Administrator of the New Jersey Motor vehicles Commission. If you get your license back, you must install an IID in your vehicle for 8 years. Talk to our Winslow, NJ DWI attorney about how to get your license back after a suspicion.
Third or Subsequent Offense
Any violations beyond a second offense come with very strict penalties. Defendants face fines of $1,000 and may be sentenced to a jail term of at least 180 days. Defendants might also be required to participate in drug or alcohol rehabilitation programs. Finally, a third or subsequent violation could cost you your driver’s license for at least 8 years in addition to installing an IID. Call our Winslow, NJ DWI attorneys for help with your case now.
Charges Related to Controlled Substances
DUIs and DWIs are not always related to alcohol. In many cases, defendants are charged because they are suspected of driving while under the influence of controlled substances. For a first offense, drivers charged with DUIs or DWIs for controlled substances will lose their licenses for at least 7 months but no longer than 1 year. They will also face fines of at least $300 but not more than $500. Subsequent violations will be met with the penalties and consequences listed above.
Driving with an Ignition Interlock Device After a DUI or DWI in Winslow, NJ
As noted above, many defendants charged with DUIs or DWIS must install ignition interlock devices in their vehicles. An IID is like a breath test device, but it is installed in your vehicle and connected to the car. To start the car, the driver must blow into the IID. The IID prevents the car from starting if alcohol is detected on the driver’s breath. Our Winslow, NJ DWI lawyers can help you figure out how to get an IID if you need one.
Whether you must have an IID in your car and how long you are required to use it depends on the nature of your charges. Many defendants end up with an IID in their vehicle for at least a few months, although you might have one for longer. Failing an IID test is not necessarily a crime itself, but the IID may track every time the device is used and how many times the driver failed. This information might be passed along to law enforcement, and you might face penalties for consuming alcohol if you were ordered by the court to abstain from drinking.
Call Our Winslow, NJ DWI Lawyers for Assistance
Being charged with a DUI or DWI can be life-altering for some people. Most defendants consider a DUI or DWI their biggest mistake. Our Winslow, NJ DWI attorneys can help you take back your life after being charged. For a free case evaluation, call the Lombardo Law Group, LLC at (609) 445-4300.
