Defenses for a DWI Charge in New Jersey

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To learn more about the common defenses for a DWI charge in New Jersey, continue reading and give our skilled Gloucester County DWI lawyer. 

What are common defenses for a New Jersey DWI?

In any DWI case, whether it may be your first or third charge, it is important to have a strong attorney to help guard you. When challenging your charges, legal counsel can look into the following situations:

  • Illegal Stops: According to the United States and New Jersey Constitution, a law enforcement officer must have a proper reason to pull a driver over on the road. If there was not a valid reason, any evidence from the stop may be considered inadmissible in court.
  • 20-Minute Rule: When an individual is pulled over, an officer must execute an assessment of the driver’s condition. In the state of New Jersey, the assessment must be at least 20 minutes before issuing a breath test. If the protocol was not followed, charges can be dismissed.
  • Field Sobriety Tests: Drivers are often asked to perform a series of tests to determine their level of intoxication through motor skills and balance. In order for these test results to be used in court, an officer must follow specific guidelines. This includes reading the instructions before the test, demonstrating the test, allowing drivers to remove high heels, and identifying any health issues that may prevent the driver from passing the test.

What are the consequences of a first-offense DWI?

For drivers with a BAC over 0.08% but under 0.10%, those penalties may include the following:

  • Up to 30 days in jail
  • Loss of license for 3 months
  • A $1000 fine per year for 3 years
  • A $250-$400 fee
  • A $100 Alcohol Education and Rehabilitation Fund fee
  • A $100 Drunk Driving Fund Fee
  • A $75 Neighborhood Services Fund Fee
  • 12-48 hours in the Intoxicated Driver Resource Center

What can happen after a second offense DWI?

If a person is caught driving while under the influence for a second time, there are a different set of consequences than they were the first time. This may involve:

  • Possible 90 days in jail
  • Loss of license for 2 years
  • A $500-$1000 fee
  • A $100 Drunk Driving Fund Fee
  • A $75 Neighborhood Services Fund Fee
  • 12-48 hours in the Intoxicated Driver Resource Center
  • Installation of an ignition interlock device

Will I go to jail for a third-offense DWI?

When an individual is charged with their third DWI within 10 years of their first charge, they are subject to more severe penalties. This may involve:

  • Up to 180 days in jail
  • Loss of license for 10 years
  • 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
  • 12-48 hours in the Intoxicated Driver Resource Center
  • Mandatory installation of an ignition interlock device

Contact our Firm

The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you protect your future when so much is on the line. Contact us today to schedule a consultation.

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