If you or a loved one has been charged with a DWI and you’re worrying about what it means for the future, you’re not alone. The first step toward reaching a resolution is learning about the specifics of DWI charges so you can better comprehend your options.
The DWI attorneys at Dughi, Hewit & Domalewski have years of experience providing compassionate representation and securing the best possible outcomes for their clients. Contact our team to schedule a consultation today.
Understanding DWI: Everything You Need to Know
If you’re facing a DWI charge, you may be confused and unsure of what to do or where to turn. This can be especially true if you’re unfamiliar with New Jersey law and your rights.
Fortunately, a New Jersey DWI lawyer can guide you through the process by helping you understand:
- What constitutes driving while intoxicated
- How law enforcement officers check for intoxication
- The legal implications of charges for first, second, and third offenses
- What your options are for legal strategy
Because every DWI case is unique, your attorney can also help you understand the specific charges against you and potential penalties you may face, and help craft a strong defense on your behalf.
What is DWI?
States vary in how they refer to the criminal charges issued when an individual is arrested for driving while under the influence. Many states refer to the charge as a DUI, or “driving under the influence,” while other states, like New Jersey, use a different term.
In New Jersey, the charge is typically referred to as a DWI or “driving while intoxicated,” though the term is commonly used interchangeably with DUI. Driving while intoxicated may refer to being under the influence of alcohol or drugs (prescription or illicit).
Simply put, if you’re facing a DWI charge, the state of New Jersey is claiming you were operating a vehicle under the influence of some substance, which is against state law.
What constitutes being intoxicated under New Jersey law?
Intoxication is measured in terms of a person’s blood alcohol concentration (BAC). In every state, including New Jersey, if an individual’s BAC is .08% or higher, they can be charged with DWI.
This .08% BAC is referred to as a “per se” BAC, meaning once it is established that a person’s BAC is at least .08%, they are intoxicated in the eyes of the law. Additionally, states have what’s known as a zero-tolerance BAC, which is the level of intoxication considered illegal for drivers under the age of 21. In New Jersey, the zero-tolerance BAC is .01%.
New Jersey also has an enhanced penalty BAC. If an individual is found to have a BAC of .10% or greater, they could face worse penalties.
Note, however, that New Jersey law allows police officers to use their judgment to determine whether there are reasonable grounds to suspect that someone was driving while intoxicated. Therefore, if law enforcement officers observe that a person is physically exhibiting signs of intoxication like swerving or slurring speech, this can be used as evidence against the person.
How law enforcement officers check for intoxication
Law enforcement officers typically begin by stopping drivers they suspect of being under the influence. This often occurs with a routine traffic stop or at a DWI checkpoint.
Officers typically begin by asking for a driver’s license and registration, and they may engage them in conversation. If the officer believes the person is intoxicated, they’ll ask to do some preliminary tests. These tests may include reciting the alphabet backward or a finger dexterity test.
If, after these tests, the officer still believes that the individual may be intoxicated, they’ll ask the person to step out of the vehicle and perform field sobriety tests. These tests can include one-leg stands and the walk-and-turn.
Officers must have probable cause to arrest a person for driving while intoxicated. If they’ve performed the standard tests and the results lead them to believe a person is under the influence, they can make an arrest.
After an arrest, further testing can be done to prove intoxication. These tests usually involve breathalyzers and blood draws.
It’s important to note that New Jersey has an implied consent law. Under this law, if a person operates a vehicle within the state, they are deemed to give consent to a breathalyzer to test for BAC. Individuals can still refuse to take a breathalyzer, but this could result in more serious charges and penalties.
Understanding the Legal Implications of DWI
Driving while intoxicated is against the law. Therefore, if the prosecution secures a conviction, the defendant faces certain penalties depending on the specifics of the case.
First offense
The consequences for a first offense are usually not as serious as those for repeated offenses.
If the offender’s BAC was at least .08% but less than .10%, penalties include:
- A fine of $250–400
- Jail time of up to 30 days
- An ignition interlock device installed on the vehicle for at least three months
- Two consecutive six-hour days in an Intoxicated Driver Resource Center
- Auto insurance surcharge of $1,000 a year for three years
If the offender’s BAC was at least .10% but less than .15%, the penalties include:
- A fine of $300-500
- Jail time of up to 30 days
- An ignition interlock device installed for 7–12 months
- Two consecutive six-hour days in an Intoxicated Driver Resource Center
- Auto insurance surcharge of $1,000 a year for three years
Offenders with a BAC of .15% or higher face more severe penalties, including having an ignition interlock system installed for a longer period of time.
Second offense
The penalties for a second DWI charge include:
- A fine of $50–1,000
- Jail time for at least 48 hours and up to 90 days
- One- to two-year driver’s license suspension
- 30 days of community service
- Completion of evaluation, referral, and program requirements at the Intoxicated Driver Resource Center
- Auto insurance surcharge of $1,000 a year for three years
Additionally, the offender must have an ignition interlock device installed on their vehicle during the period of license suspension and maintain the device for two to four years after their license is restored.
Third offense
The consequences for a third DWI charge involve:
- A fine of $1,000
- Imprisonment of 180 days (which the court could lower) served in an inpatient drug or alcohol rehabilitation program that has been approved by the Intoxicated Driver Resource Center
- License suspension of eight years
- 30 days of community service
- Completion of evaluation, referral, and program requirements of the Intoxicated Driver Resource Center
- Auto insurance surcharge of $1,500 a year for three years
As with a second offense, a third-time offender must have an ignition interlock device installed on their vehicle during the license suspension period and maintain the device for two to four years after their license has been restored.
Defending Against DWI Charges
DWI cases are not always so straightforward. While prosecutors would like to believe they have their case “in the bag,” a DWI lawyer in NJ can create a strong defense on your behalf to disrupt their case against you.
Some of the defenses your defense attorney could use include the following:
- Illegal stop
- Poor administration of field sobriety test
- Lack of probable cause for arrest
- Breathalyzer was improperly calibrated, therefore producing misleading numbers
- Involuntary intoxication
- Chain of custody issues
The right defense for your case depends on the details of your case—and an experienced criminal defense lawyer can produce a defense strategy tailored to your circumstances.
Seeking Help for DWI
When you’re arrested for a DWI, one of the very first steps you want to take is contacting a DWI defense attorney. The sooner you consult with your lawyer and hire them to take on your case, the sooner they can begin working on your defense.
A knowledgeable DWI lawyer in NJ will have an intimate understanding of the laws and procedures concerning intoxicated driving charges and is truly your best ally in a legal battle. Don’t wait to seek help from a criminal defense lawyer for your DWI.
Consult with an Attorney
When you’re facing DWI charges, the legal team at Dughi, Hewit & Domalewski is ready to help you.
Our firm has been helping clients facing DWI charges for many years. We understand the seriousness of this type of charge and how a conviction could affect your life. Therefore, we fight aggressively to help clients like you receive the most beneficial result possible.
Don’t wait to take the first step. Contact our firm today to meet with a DWI lawyer in NJ as soon as possible.
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