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Penalties for New Jersey DWI Cases
East Brunswick NJ DWI Attorney
The penalties for driving while intoxicated (DWI) in New Jersey can be severe depending on whether it is your first, second, third, or subsequent drunk driving offense. This is evident in East Brunswick more than anywhere since it issues more DWI and driving under the influence of drug cases than any other municipality in Middlesex County. If you were arrested and charged with a N.J.S.A. 39:4-50 violation in East Brunswick, Woodbridge, Piscataway, Sayreville or another town, an attorney at The Law Offices of Jonathan F. Marshall can help you avoid these penalties. We are seasoned Middlesex County Defense Attorneys who have handled countless first offense, second offense and third offense cases in the state. Our experience, which exceeds over 100 years collectively, includes significant time working the system from the opposite side as prosecutors. We believe that our lawyers can provide you with significant opportunity for avoiding and/or minimizing the penalties you are currently facing. Contact our East Brunswick Office at 732-227-1200 for an immediate free consultation.
First Offense DWI in NJ
The penalties for a first offense of driving while intoxicated in New Jersey depend on the level of intoxication. The legal limit in New Jersey is .08% Blood Alcohol Content (BAC). As a result, if you are charged with DWI and your BAC is between .08% and .10%, you are facing a fine of $250 to $400, a three (3) month license suspension, and up to thirty (30) days in jail. If your BAC was greater than .10% you are facing between seven (7) months and one year license suspension, a fine between $300 and $500, and up to thirty (30) days in prison. You will also be required to spend between twelve (12) hours and forty-eight (48) hours at an Intoxicated Driver Resource Center.
Second DWI Offense in New Jersey
If you are charged with your second DWI offense in New Jersey, the penalties involved are significant. The penalties associated with a Second DWI offense are a fine of $500 to $1000, two year license suspension, forty-eight (48) hours incarceration, and thirty (30) days of community service. However, an experienced DWI attorney may be able to defeat this second DWI charge or, at the very least, allow you to be classified as a first offender (which means seven months to a year loss of license instead of two years). Our attorneys will examine your first DWI offense to determine if any disputable issues arise. Moreover, our attorneys will analyze this new charge to ascertain whether a valid DUI traffic stop was conducted, if the State has significant evidence to prove operation (Proof of Operation of a Vehicle While Intoxicated) and prove intoxication (Proof of Intoxication), and whether the proper procedures were followed with the Breathalyzer or Alcotest machine. Moreover, under New Jersey Law, if your first DWI charge was a refusal, you should be classified as a first offender for your second DWI charge. On the other hand, if your first DWI charge was a DWI and your second DWI charge is a refusal, you must be classified as a second DWI offender for the purposes of sentencing.
Third or Subsequent DWI Offense in NJ
If you are charged with a Third or Subsequent DWI offense in New Jersey, please contact the experienced DWI lawyers at the Law Offices of Jonathan F. Marshall for immediate assistance. The penalties associated with a Third or Subsequent DWI Offense under N.J.S.A. 39:4-50 (New Jersey Drunk Driving Statute) are a $1000 fine, 180 days in jail (90 can be served at a drug or alcohol inpatient rehab facility), and a ten (10) year loss of license. The Third or Subsequent DWI offense can even result in a permanent loss of your driving privileges in New Jersey depending on the circumstances of your charges. Similar to the Second Offense DWI analysis above, our experienced DWI attorneys may be able to challenge your prior DWI convictions or have you classified as a Second Offender for sentencing purposes rather than a Third Offender. This could lead to a two (2) year loss of license rather than a ten (10) year loss of license, which would have a significant impact on your life and your standard of living.
Ten (10) Year Step-down Rule
There is another potential defense to your DWI charge in terms of your sentencing classification. A recent decision by the New Jersey Superior Court, Appellate Division, decided that, if ten (10) years have passed between your first DWI charge and your second DWI charge or if ten (10) years have passed from your second DWI charge and your third DWI charge, you should be sentenced as a lesser offender and the charges should be “stepped down” because of the time elapsed between the charges. So, for example, if you were first charged and convicted of DWI in 1997 and your second DWI charge is in 2008, ten years have passed between the charges and, despite this being your second DWI charge, you should be sentenced as a First DWI Offender and you are looking at seven months to one year loss of license rather than two (2) years. Similarly, if you are charged with your Third DWI offense in 2009 and your Second DWI Offense occurred in 1995, you should be sentenced as a Second Offender rather than a Third and you are facing a two (2) year license suspension rather than a ten (10) year license suspension.
Woodbridge DUI Lawyer
Woodbridge is always in the top two for DUI offenses in Middlesex County. The attorneys at The Law Offices of Jonathan F. Marshall know this fact as much as anyone given the high number of first offense, second offense and third offenses we defend in this Township each year. Our case load has even necessitated in our acquiring an office in Woodbridge. To speak to a lawyer with the knowledge and skill you require to escape the penalties outlined in 39:4-50 in Woodbridge, New Brunswick, Old Bridge or anther jurisdiction, call us for a free consultation at 732-634-0700 anytime of day. An attorney on our DWI defense team will be more than happy to assist you.