New Jersey DWI Defense Lawyer
In the state of New Jersey, DWI (Driving While Intoxicated) is one of the most common causes of arrest. In 2011, over 26,000 DWI arrests were made — and nearly 200 fatalities were caused by DWI. While DWI may be one of the more typical charges brought against New Jersey residents, that doesn’t mean it should be taken lightly. A DWI conviction can lead to incarceration, steep fines, and the loss of your license for months or even years.
Additionally, the severity of the penalties incurred from DWI increase with successive convictions. One DWI can take your license away for months — a second or third can take it away for years.
If you are facing allegations of DWI in New Jersey, it is inadvisable to attempt to defend yourself in court before a prosecuting attorney. Don’t go it alone: call on Young, Marr & Associates to defend your case. Our New Jersey DWI defense attorneys are highly experienced, with over 30 years of experience to draw upon and over 10,000 cases defended. We specialize in providing aggressive defense to all of our clients, while always handling every case with respect, compassion, and understanding. We know how to get results for you: that’s our bottom line.
How is a DWI Determined in New Jersey?
The state of New Jersey determines DWI status based on blood alcohol content, or BAC, which is generally measured with a breathalyzer device, or through chemical testing. The legal limit for alcohol intoxication is 0.08%. If a driver’s BAC meets or exceeds the 0.08% cut-off, they will be charged with DWI. Even if a driver feels sober and able to drive safely, in the eyes of the law, it isn’t the driver’s opinion that determines whether or not it’s a case of DWI: it’s the BAC reading.
Furthermore, it’s important to note that the BAC cut-offs become drastically lower for two categories of drivers. For commercial drivers, the BAC threshold is reduced to 0.04%. For drivers who are drinking underage (all drivers under the age of 21), the BAC threshold is set extremely low, at just 0.02%.
It’s also important for drivers to be aware that, contrary to popular belief, alcohol alone isn’t the only substance which can lead to a DWI charge. Being impaired by drugs can also be the cause for a DWI. Obviously, a BAC — blood alcohol content — doesn’t take drug levels into consideration. Instead, drugs in the system are determined based on a few factors, such as blood and urine testing, and the observations of the arresting officer and a specially trained DRE (Drug Recognition Expert). Of course, the presence of drugs or paraphernalia in the driver’s vehicle also counts against the driver where drug use is being alleged.
DWI Penalties in New Jersey
The penalties for DWI convictions in New Jersey can be severe, particularly if an individual is convicted on multiple occasions. DWI convictions can result in jail time, expensive fines, and the loss of driving privileges.
DWI First Offense
- Sentence: up to 30 days
- Fine: $250-$400
- License Suspension: 3 months
It should be noted that those are the penalties for a DWI when the driver’s BAC is less than 0.10%. If a driver’s BAC reaches or exceeds 0.10%, the penalties increase:
- Sentence: up to 30 days
- Fine: $300-$500
- License Suspension: 1 year
DWI Second Offense
- Sentence: up to 90 days
- Fine: $500-$1,000
- License Suspension: 2 years
DWI Third Offense
- Sentence: 180 days
- Fine: $1,000
- License Suspension: 10 years
Notice that while the loss of license for an initial DWI offense is three months, a third offense will result in a license suspension lasting a decade. When it comes to DWI recidivism in New Jersey, the penalties increase exponentially.
In addition to the fines, suspensions, and prison sentencing, DWI offenders may also be required to spend hours at an Intoxicated Driver Resource Center, install an ignition interlock device in their vehicle, and pay increased insurance rates. Ignition interlock devices work by requiring drivers to breathe into them, and will prevent vehicles from starting if the driver has a BAC exceeding 0.05%.
Our New Jersey DWI Defense Attorneys Can Help
If you or a loved one is facing charges of DWI in the state of New Jersey, it is a serious matter. Don’t wait until it’s too late: contact the law offices of Young, Marr & Associates online, or call us today at (609) 755-3115 in New Jersey or (215) 701-6519 in Pennsylvania to speak with an experienced New Jersey DWI defense attorney. Your first consultation is free, so call now.
NO JAIL TIME
Commonwealth v. "H" (DUI case)
Client was charged with three separate DUI cases calling for mandatory minimum imprisonment of 90 days on each case. Client was advised to seek immediate intensive alcohol counseling. Client was sentenced to 1 year of house arrest after serving 3 days in the county prison.
Commonwealth v. "C" (Felony drug/Firearms case)
Client was charged with felony Delivery of drugs and illegal gun possession and was facing a mandatory 3-6 year prison sentence in the State prison system. Client was sentenced to one year of house arrest.
Commonwealth v. "S"
Client was charged with simple assault, domestic. After a hearing where evidence and testimony was presented, the entire case was dismissed by Judge Leonard Brown.
State of New Jersey v. "H"
Charges for young man charged with second degree aggravated assault were downgraded to third degree and he was accepted into the County Pretrial Intervention program with charges to be dismissed and record expunged after one year of misconduct free behavior.
OUR CRIMINAL DEFENSE TEAM INCLUDES TWO FORMER DISTRICT ATTORNEYS
We have decades of experience dealing with local police departments, prosecutors, and judges throughout southeastern Pennsylvania and New Jersey.
Anyone facing charges involving a criminal offense can expect to experience a heightened degree of emotional turmoil, for themselves, as well as their family members. Our team of highly qualified criminal law attorneys and expert legal support staff are committed to providing each of our client’s with the compassion and understanding they deserve, as well as an aggressive plan for representation at an affordable price.
As former prosecutors, we have a balanced and in-depth understanding of the criminal justice system and how the prosecution prepares cases. In addition, we have long-standing experience dealing with local police departments, prosecutors and judges throughout southeastern Pennsylvania and New Jersey.
At Young, Marr and Associates, when we say “experience matters,” we mean it. Our lawyers, which include two former prosecutors and a former senior deputy district attorney bring more than three decades of criminal law experience, handling more than 10,000 criminal cases. It is precisely that experience that allows us to achieve outstanding results for our clients facing DUI, traffic, felony and misdemeanor charges in state, federal and juvenile courts.