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New Jersey DWI/DUI Attorney
Driving while intoxicated (DWI), or driving under the influence of a controlled substance (DUI), is one of the most serious vehicle and traffic offenses heard in the New Jersey municipal courts. If you've been charged with DWI/DUI you will require an experienced lawyer to represent you in your case. Whether or not your violation of the NJ driving laws resulted in an accident or not, you can be sure that your offense will be treated as a serious one by a New Jersey judge and, if convicted, could result in some very harsh penalties.
Being convicted of a DWI/DUI is a serious offense, carrying heavy penalties including:
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Mandatory fines and penalties
Alcohol related DUI with BAC greater than 0.08% but less than 0.10% |
License loss | Fines, fees & surcharges | Prison term | Community service, IDRC & Interlock |
3 months | $250–$400 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund $50 to VCCB* fund | Up to 30 days | 12–48 hours IDRC* |
Alcohol related DUI with BAC of 0.10% or greater or drugs at any intoxicating level |
License loss | Fines, fees & surcharges | Prison term | Community service, IDRC & Interlock |
7 months–1 year | $300–$500 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund $50 to VCCB* fund | Up to 30 days | 12–48 hours IDRC* BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration |
Alcohol related DUI or drugs at any intoxicating level in a School Zone |
License loss | Fines, fees & surcharges | Prison term | Community service, IDRC & Interlock |
1 year–2 years | $500–$800 fine $230 IDRC* fee $10 to drunk driving fund$100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund $50 to VCCB* fund | Up to 60 days | 12–48 hours IDRC* Court may order ignition interlock device during license suspension and 6 months - 1 year following restoration |
Repeated DUI convictions |
Offense | License loss | Fines, fees & surcharges | Prison term | Community service, IDRC & Interlock |
2nd offense within 10 years | 2 years | $500–$1,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to SNSF* $50 to VCCB* Fund | 48 hours–90 days | 30 days CS 48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration |
3rd offense within 10 years of 2nd offense | 10 years | $1,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,500/year (for 3 years) surcharge $75 to SNSF* $50 to VCCB* Fund | 180 days | Up to 90 days CS (can reduce period of imprisonment) 48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration |
School Zone DUI 2nd offense within 10 years | 4 years | $1000–$2,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to SNSF* $50 to VCCB* Fund | 96 hours–180 days | 60 days CS12–48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration |
School Zone DUI 3rd offense within 10 years of 2nd offense | 10 years | $2,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,500/year (for 3 years) surcharge $75 to SNSF* $50 to VCCB* Fund | 180 days | Up to 90 days CS (can reduce period of imprisonment) 48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration |
Notes:
- *IDRC - Intoxicated Driver Resource Center
- *AERF - Alcohol Education and Rehabilitation Fund
- *SNSF - Safe Neighborhood Services Fund
- *VCCB - Victims of Crimes Compensation Board
- Underage drinking may cause a six-month delay in getting a license
- Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
As you can see, the penalties are harsh to say the least. In fact, these matters are taken so seriously that there is no plea-bargaining in DWI/DUI cases in New Jersey whatsoever. It is therefore essential to retain an attorney who understands the proofs that the State uses to obtain DWI/DUI convictions. These proofs take several forms. The first is Alcotest results. The second is the results of the standard battery of field sobriety tests (FSTs) administered at or near the time of the traffic stop. Finally, the arresting officer's observations of the driver's behavior at the time of the traffic stop (slurred speech, watery eyes, etc.) also factor heavily into the
State's case.
Drivers who are stopped for DWI/DUI should remember two simple but important rules. First, these drivers should not admit to the arresting officer that they recently consumed alcoholic beverages of any kind, or in the case of a DUI, any illicit drugs or prescription medication. Further, drivers who are stopped for DWI should not refuse to provide breath samples for the Alcotest test. This will constitute a separate offense (Refusal) that will worsen the situation. The better course of conduct is to take the Alcotest, and then let your attorney deal with the case in court.
Defending a DWI requires a high level of skill and expertise. Aside from understanding the law, the defense attorney must know what to look for when reviewing the discovery provided by the State, which is substantial for a municipal court matter. The attorney should have a thorough understanding of the proper procedures for administering field sobriety tests, as well as the technical aspects of the Alcotest test. The latter requires knowledge of current law, as well as knowledge of the proper functioning of the machine used and familiarity of the underlying scientific principles and concepts. Given the high-stakes nature of even a first-offense DWI coupled with the scope of the knowledge required to mount a meaningful defense, a defendant should be represented only by an attorney who is highly experienced in this area.
If you or a loved one have been charged with DWI/DUI contact the Cifrodello Law Office immediately online or call 732-667-2764 to schedule a free initial consultation at your convenience.
Contact InformationOffice Locations The Cifrodello Law Firm, LLC 411 Hackensack Ave., 2nd Floor 20 Commerce Drive, Suite 135 197 Route 18 South Phone: |
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