The North Brunswick Police is extremely aggressive in targeting driving while intoxicated (“DWI”) and driving under the influence of drugs (“DUI”). As DWI lawyers who have been defending cases in the jurisdiction for over 100 years between the members of our defense team, we can tell you that the department is committed to the deterring DWI. The same philosophy is held by the municipal prosecutor in the township. If you have been charged with DWI in North Brunswick, it is therefore important that you hire a skilled attorney to protect your interests. The lawyers at the Law Offices of Jonathan F. Marshall have over 100 years of combined experience defending DWI charges in South Brunswick and surrounding areas. Several attorneys also have the benefit of formerly serving as DUI/DWI prosecutors, being among a small group statewide who are Alcotest certified and who are members of a defense firm that possess a department head who defends nothing other DWI cases. To speak to an experienced attorney immediately, contact our New Brunswick Office at 732-210-6241.
North Brunswick DWI Charge
The New Jersey DWI Law, which also applies to driving under the influence of drugs, is contained at N.J.S.A. 39:4-50. This statute provides that:
a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood.
In other words, it is illegal to operate a motor vehicle if you have a blood alcohol concentration of 0.08% or more or if you are under the influence of any drug that impairs your ability to drive safely. You can also be found guilty of DWI in North Brunswick if you permit someone else who is under the influence of drugs or alcohol to operate a motor vehicle that you own.
To obtain a DWI conviction in North Brunswick Municipal Court, the prosecutor must prove “operation” and “intoxication.” Although it is commonly believed in order to be convicted of drunk driving the accused must have been driving the vehicle, this is not true. The word “operation” has a more expansive interpretation that doesn’t actually require the person to be driving the vehicle. The state must only demonstrate that the defendant intended to operate the motor vehicle. In pursuance of conviction the state often uses circumstantial evidence to prove the intent to operate. For example, if the keys are in the ignition or if the motor is running the state can establish that the defendant intended to operate the vehicle.
The state must also prove intoxication. Intoxication has been defined as, “a substantial deterioration or diminution of the mental faculties or physical capabilities of a person.” Intoxication is typically prove in North Brunswick and everywhere else in the state through administration of a breath test (i.e. Alcotest) that shows a blood alcohol concentration of 0.08% or higher. If the DWI/DUI is the result of marijuana, cocaine, prescription pain pills or other drugs, blood or urine tests are the norm.
Penalties If Convicted of DWI in South Brunswick. The penalties for being found guilty of driving while intoxicated are severe and far reaching. If the offense was committed in a school zone the penalties may be enhanced. The penalties for a first DWI offense in North Brunswick include:
- 3 months loss of license.
- At least twelve hours of jail time and no more 30 days.
- Between $250 and $400 in fines.
- A $1,000 annual automobile insurance surcharge for three years.
- Other fees and surcharges in excess of $525.
- Possible Ignition Interlock requirement for six to twelve months.
- Alcohol/substance abuse assessment.
- Two days of 6-hour mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).
- A DWI conviction with a BAC of 0.10% or higher comes with higher fines and a longer license suspension for first time offenders.
- Forfeiture of your driving privileges for at least seven months and no longer than one year.
- Between $300 and $500 in fines.
- Additional penalties as identified above.
A second offense for DWI in North Brunswick results in additional and enhanced penalties if the arrest occurs within 10 years of the first offense. A second offense triggers penalties that include:
- 30 days of community service
- 12 – 48 hours Intoxicated Driver Resource Center
- $3,000 in automobile insurance surcharges split over 3 years
- Jail time between 2 – 90 days
- A minimum 2 years of license suspension
- An ignition interlock device while license is suspended and following return of license
- Additional surcharges
A third DWI conviction within 10 years of the previous offense will result in even more severe penalties. A person who has committed a third DWI offense is subject to the following penalties in North Brunswick:
- Minimum $1,000 fine
- Maximum 90 days of community service
- Between 12 and 48 hours Intoxicated Driver Resource Center
- $4,500 in automobile insurance surcharges over a 3-year period
- 180 days of jail time
- 10 years of license suspension
- An ignition interlock device
North Brunswick DUI Lawyer
As you can see, a DWI conviction in North Brunswick can have debilitating consequences. Hiring a skilled lawyer is definitely the best strategy for escaping these consequences. Our lawyers are trained and certified by the National Highway Traffic Safety Administration as instructors in standard field sobriety testing and by Draeger as operators of the Alcotest 7110 Evidential Breathalyzer. These credentials arm our attorneys with tools that few attorneys in the state, let alone in Middlesex County, can parallel. To discuss the facts surrounding your traffic stop, roadside investigation and testing and everything else that occurred in conjunction with your arrest, contact the Law Offices of Jonathan F. Marshall. An attorney is ready to help you immediately.
