First Offense DWI Consequences

When a law enforcement officer pulls a driver over on suspicion of driving while intoxicated, they will have to determine what the driver’s BAC is to assess whether they surpass the legal limit. There are a number of different consequences that an individual may face in New Jersey depending on their BAC.

Drivers with a blood alcohol content that is higher than 0.08 percent but less than 0.10 percent may face the following consequences:

• License suspension until the date of installation of the ignition interlock device, then the interlock device remains on the vehicle for 3 months
• A $250-$500 fine
• 12-48 hours at the Intoxicated Driver Resource Center
• Up to 30 days of jail time

Under 21 DWI

DWI consequences are serious for anybody but especially for individuals who are under the age of 21 and are not yet legally allowed to consume or purchase alcohol. In these situations, the individual is breaking more than one law, so their penalties increase. If an intoxicated driver is under the age of 21 and has a blood alcohol content that is greater than 0.01 percent, they can be charged with an underage DWI. This can result in a license suspension between 30 and 90 days, community service for 15-30 days, participation at the IDRC and fines.

Penalties of a Second Offense DWI

Individuals who drive under the influence of alcohol are subject to very serious consequences, especially when they have a previous offense on their record. The courts are very harsh on multiple offense drunk drivers and often impose significant penalties. If an individual is convicted of a second DWI within 10 years of the previous offense, they may face the following consequences:

• Up to 90 days of jail time
• A 1-2 year loss of license
• Interlock device installation during the term of license suspension
• 2-4 years interlock installation after privileges restored
• A $1000 yearly surcharge for 3 years
• 48 hours in the Intoxicated Driver Resource Center
• A $500-$1000 fine
• A $100 Alcohol Education and Rehabilitation Fund fee
• A $100 Drunk Driving Fund fee
• A $75 Neighborhood Services Fund fee

Ignition Interlock Device

When an individual has more than one DWI on their record, they are required to install an ignition interlock device on their vehicle. An interlock device requires the driver to take a chemical breath test each time they get into the car before they can turn on their vehicle. If there is any alcohol above 0.01 percent detected, the car will not start. These devices are required for installation throughout the period of time that the driver’s license is suspended and for 1-3 years after their license has been restored.

For a third or subsequent DWI, the penalties are as follows:

• Up to 180 days of jail time
• An 8-year loss of license with an interlock installed during that time
• 2-4 years with an interlock device after privileges are restored
• A $1500 yearly surcharge for 3 years
• A $1000 fine
• A $100 Alcohol Education and Rehabilitation Fund fee
• A $100 Drunk Driving Fund fee
• A $75 Neighborhood Services fund fee

It is important to be aware that while there are a number of penalties associated with a third DWI, an experienced attorney can explore certain defenses that may make all evidence inadmissible, including a violation of the 20-minute rule, failure to properly administer field sobriety tests and an illegal traffic stop.

Ignition Interlock Device

New Jersey drivers who are convicted of a third or subsequent DWI are typically required to install an ignition interlock device on their vehicle. This is true for the time that their license is suspended, which in this case is 10 years, and also for 1-3 years after it is restored. This device requires that the individual takes a breath test each time they get behind the wheel in order for the vehicle to start. If the device detects that the individual has any alcohol on their breath, the car will not start. The individual will also be responsible for the installation fees and other costs associated with the device.

Challenging DWI Evidence

It is crucial for an individual who has been charged with a DWI to retain the services of an experienced criminal defense attorney that can effectively explore defenses to assist in reducing your penalties or having your case dismissed altogether. Some of the factors that may be looked at by an attorney include the following:

• Did the police officer have a valid reason to pull you over?
  If we can prove that you were stopped illegally and your 4th amendment rights were violated, it is a valid reason for a court to dismiss the charges you face. For a police officer to stop you, they must have a good reason. If they had no reason to stop your vehicle, we will bring that defense to court on your behalf.
• Did the police officer abide by New Jersey’s 20-minute rule?
  Police officers are obligated to wait at least 20 minutes before commencing with a breath test and observe the subject for any signs of regurgitation, including belches and vomiting, that could skew the results. Only until after a period of 20 minutes free of regurgitation may a police officer administer the test.
• Was the field sobriety test given in accordance with regulation?
  There are rules and regulations that allow a field sobriety test’s admissibility. Police offers must abide by rules when administering field sobriety tests, including reading the instructions to the subject, physically demonstrating the test, allowing females to remove footwear that could impact a test’s results, and recognizing a physical condition that makes it impossible to pass a field sobriety test.

Contact a DWI Defense Attorney

If you have been charged with a first offense DWI in New Jersey, it is important to retain experienced legal counsel as soon as possible. The Law Office of Attorney Conway has decades of experience fighting on behalf of clients when it matters most. CONTACT THE MOLDOVAN LAW FIRM today to discuss your situation.