Driving while intoxicated (DWI) is a serious offense that poses significant risks to both the driver and others on the road. In the state of New Jersey, the consequences of a DWI can become even more severe when certain aggravating factors are involved. These factors, known as aggravated DWI, can result in enhanced penalties and more severe legal repercussions. Below, we will explore the causes, penalties, and legal defense options associated with aggravated DWI in New Jersey.
Driving under the influence can have life-altering consequences, but with experienced attorneys at the Law Offices of Jonathan F. Marshall by your side, you can trust that we will fight for your rights and seek the most favorable outcome. We understand the nuances of DWI law and the intricacies of aggravated DUI cases. Let us provide you with the aggressive defense you deserve.
Causes Of Aggravated DUI / DWI In New Jersey
An Accident Led To The Death Of A Passenger Or Another Person:
One of the most tragic circumstances that can lead to a DUI charge in New Jersey is when an accident involving a driver results in the death of a passenger or another individual. The loss of life due to driving under the influence significantly escalates the severity of the potential penalties.
According to the New Jersey statutes on DUI , if a driver causes an accident while driving under the influence, there can be additional consequences beyond those outlined in the statute for driving while intoxicated (39:4-50). The statute itself acknowledges that when an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury, or property damage, the police officer will consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that the person was operating a motor vehicle in violation of the statute.
If a driver causes an accident while driving under the influence, they may face additional charges and penalties related to the accident, such as:
Vehicular Manslaughter or Homicide
If the accident results in the death of another person, the driver may face charges such as vehicular manslaughter or vehicular homicide, depending on the specific laws of the jurisdiction. These charges carry severe penalties, including substantial fines and potential imprisonment.
Assault or Aggravated Assault
If the accident causes bodily injury to another person, the driver may face charges of assault by auto or aggravated assault, depending on the extent and severity of the injuries. These charges can result in additional fines, imprisonment, and other penalties.
Property Damage
If the accident causes property damage, the driver may be held liable for the costs of repairing or replacing the damaged property. They may also face civil lawsuits from the affected parties seeking compensation for their losses.
The Driver Has A Prior Conviction For Driving Under The Influence:
Another factor that can lead to harsher DUI consequences in New Jersey is if the driver has a prior conviction for driving under the influence. Repeat offenders of driving while intoxicated (DWI) face more severe consequences under the statute 39:4-50 in New Jersey. Here are the additional consequences for repeat offenders:
Second Offense
If you are convicted of a second DWI offense in New Jersey, you can expect the following penalties:
- Fine: You may face a fine ranging from $500 to $1,000.
- Community Service: You will be required to complete 30 days of community service.
- Jail Time: You may face a jail sentence of 48 consecutive hours to 90 days.
- Ignition Interlock Device: You must install an ignition interlock device in your vehicle.
- License Suspension: Your driver’s license will be suspended for a period of 1 to 2 years.
Third or Subsequent Offense
If you have three or more DWI convictions in New Jersey, the penalties become more severe:
- Fine: You will face a fine of $1,000.
- Jail Time: You may be sentenced to a minimum of 180 days in a county jail or workhouse, with the possibility of a reduced sentence for participation in a drug or alcohol inpatient rehabilitation program.
- Ignition Interlock Device: You must install an ignition interlock device in your vehicle.
- License Suspension: Your driver’s license will be suspended for a period of 8 years.
A Minor Child Was Present During The Incident Of Driving Under The Influence
Driving under the influence becomes even more serious if a minor child is present in the vehicle at the time of the incident, as the presence of a child amplifies the potential danger and exposes the minor to risks and harmful influences.
New Jersey law prioritizes the well-being of children and holds drivers accountable for putting them in harm’s way. According to New Jersey Revised Statutes Section 39:4-50.15, If a driver is found to be operating a vehicle under the influence with a minor present, they may face aggravated DUI penalties. According to the “Minor” means someone who is 17 years old or younger. “Parent or guardian” refers to a natural parent, adoptive parent, resource family parent, stepparent, or anyone temporarily responsible for the care of a minor or with a legal duty for their well-being.
Penalty for Offense
Driving under the influence with a minor as a passenger is considered a disorderly persons offense.
Loss of Driving Privileges
In addition to the regular penalties for a DUI, if you are found guilty under this statute, your right to drive a motor vehicle in this state will be taken away for a period of up to six months.
Community Service Requirement
Furthermore, upon conviction, you will be ordered to perform community service for a period of up to five days. This means you will have to volunteer your time to serve the community as a form of punishment.
The Driver Was Intoxicated While Passing Through A School Zone Or School Crossing:
Driving under the influence within the vicinity of a school zone or school crossing is considered an aggravating factor in New Jersey. School zones are areas where children are particularly vulnerable, and the presence of an impaired driver in such zones significantly increases the potential for accidents and injuries.
There can be additional consequences if a minor is present while a person is driving under the influence. The specific provision related to this is subsection (g) of NJ Statute 39:4-50.
Double Fine
If convicted of a DWI offense within a school zone, the fine imposed is doubled compared to a regular DWI offense. The purpose of this increased fine is to impose a heavier financial burden on offenders, serving as a deterrent and reflecting the seriousness of the offense committed within an area associated with the safety of children.
Mandatory Community Service
In addition to the regular penalties for a DWI offense, individuals convicted of a DWI offense in a school zone are required to perform a minimum of 60 days of community service. This mandatory community service serves as a form of restitution, requiring offenders to contribute their time and effort to the community. It may involve activities such as public service, participation in educational programs focused on the consequences of drunk driving, or other community-based initiatives.
License Suspension and Ignition Interlock Device
Along with the enhanced penalties for DWI offenses in school zones, individuals may also face the standard penalties for DWI convictions. These penalties may include license suspension, mandatory installation of an ignition interlock device in their vehicle, completion of alcohol education or treatment programs, and other measures deemed appropriate by the court.
School Zone Boundaries
The boundaries of a school zone can vary, but they typically encompass areas surrounding schools and educational facilities. This includes the immediate vicinity of school buildings, zones where students are likely to be present, such as school bus stops, and other areas identified as part of the school zone designation.
Aggravated Factors Based On The Driver’s Blood Alcohol Concentration
A driver’s blood alcohol concentration (BAC) level serves as a crucial determinant in DUI cases.
BAC Over 0.10%:
- Fine: If a person’s BAC is 0.10% or higher, they can face a fine ranging from $300 to $500.
- Detainment: They may be subject to detainment of 12 to 48 hours, spent during two consecutive days with a minimum of six hours each day.
- Jail Time: The court has the discretion to impose a term of imprisonment of up to 30 days.
- License Suspension: The person’s driver’s license will be forfeited, and they will lose the right to operate a motor vehicle for a specified period.
- Ignition Interlock Device: In certain circumstances, the person must install an ignition interlock device in their vehicle.
BAC Over 0.15%:
- Fine: If a person’s BAC is 0.15% or higher, they may face a fine of $300 to $500.
- Detainment: The offender may be subject to detainment of 12 to 48 hours, to be served during two consecutive days, with each day requiring a minimum of six hours.
- Jail Time: The court has the discretion to impose a term of imprisonment of up to 30 days.
- License Suspension: The person’s driver’s license will be forfeited, and they will lose the right to operate a motor vehicle for a specific period of time.
- Ignition Interlock Device: In cases where the BAC is 0.15% or higher, the individual will be required to install an ignition interlock device in their vehicle.
- Extended License Suspension: On top of the regular penalties, individuals with a BAC of 0.15% or higher will face an additional license suspension of four to six months after the installation of an ignition interlock device.
In Addition To The Offense, The Driver Committed Another Traffic-Related Crime At The Same Time:
An aggravated DUI charge may also be applicable when the driver commits another traffic-related crime in addition to driving under the influence. Engaging in multiple violations simultaneously intensifies the severity of the offense and calls for more stringent legal consequences.
It is important to note that the additional traffic-related crime can vary but may include offenses such as reckless driving, excessive speeding, or driving without a valid license. Committing such offenses while under the influence demonstrates an even greater disregard for the law and public safety.
The Driver Refused To Cooperate With The Authorities And Refused To Blow Into The Breathalyzer At The Scene:
When a driver refuses to cooperate with law enforcement authorities and refuses to submit to a breathalyzer test at the scene, it can result in penalties. In New Jersey, drivers are legally obligated to provide breath samples when requested by law enforcement officers during a DUI investigation.
By refusing to cooperate and submit to a breathalyzer test, the driver raises suspicions and obstructs the legal process. This behavior is viewed as an aggravating factor, leading to enhanced penalties for the offense.
By enlisting the support of a seasoned criminal defense lawyer, such as the attorneys at the Law Offices of Jonathan F. Marshall, you can ensure that your case is handled with the utmost professionalism and expertise. They will strive to protect your rights, explore all viable defense options, and work towards achieving the best possible outcome in your aggravated DUI case.
The Importance Of Seeking Legal Representation For DWI / DUI Charges:
When facing aggravated DUI charges in New Jersey, enlisting the services of an experienced criminal defense lawyer is vital. Here’s why professional legal representation is crucial:
Expertise In DUI Laws:
A skilled attorney specializing in DUI cases understands the intricacies of New Jersey’s DUI laws and the specific elements required for proving aggravated DUI charges. They will leverage their knowledge to build a strong defense strategy tailored to the unique circumstances of your case.
Investigation And Evidence:
A defense attorney will conduct a thorough investigation, scrutinizing the evidence presented by the prosecution. They will examine police reports, witness statements, breathalyzer test results, and other relevant information to identify potential weaknesses in the prosecution’s case.
Legal Defense And Strategies:
With extensive experience in DUI cases, a defense attorney will identify and employ the most effective legal defenses and strategies to challenge the prosecution’s evidence. They may challenge the legality of the traffic stop, the accuracy of the breathalyzer test, or the reliability of witness testimony, among other potential defenses.
Negotiation Skills:
A skilled defense attorney can negotiate with the prosecution on your behalf, aiming to secure favorable outcomes such as reduced charges or minimized penalties through plea bargaining. They will leverage their knowledge of the law, case strengths, and potential mitigating factors to advocate for the best possible resolution.
Courtroom Representation:
In the event your case goes to trial, a defense attorney will provide competent and zealous representation in the courtroom. They will present your case effectively, cross-examine witnesses, challenge evidence, and deliver persuasive arguments to defend your rights and interests.
DWI / DUI Attorney In New Jersey
Don’t face aggravated DUI charges alone. Contact the Law Offices of Jonathan F. Marshall today to schedule a consultation and put their expertise in DUI defense to work for you. Their dedicated team is committed to providing diligent representation, guiding you through the legal process, and fighting vigorously to protect your rights and future.
Driving drunk with a blood alcohol content exceeding the legal limit can lead to serious repercussions, including a criminal record, jail time, and hefty fines. When facing harsher penalties, it’s crucial to seek the assistance of experienced DUI attorneys and lawyers who specialize in DUI law. Our law firm understands the gravity of drunk driving cases and the aggravating circumstances that can worsen your situation. With our aggressive defense strategies, we aim to protect your rights and provide you with top-notch legal services.
Particularly, our team of dedicated DUI lawyers will meticulously analyze your case, challenge probable cause, and examine every detail to build a robust defense. We know how previous convictions can complicate matters, which is why we are committed to helping you navigate through the complexities of the legal system. You don’t have to face these charges alone. Take advantage of our free initial consultation to discuss your situation and explore the best course of action.
Remember, taking immediate action and seeking professional legal assistance is crucial when facing aggravated DUI charges in New Jersey. Trust the experience and skill of the Law Offices of Jonathan F. Marshall to advocate for you and help navigate the complexities of the legal system.
