New Jersey has some of the strictest laws in the United States regarding driving under the influence, driving while intoxicated, or driving while impaired. These laws are vigorously enforced in Gloucester County and across New Jersey.
State law prohibits reducing a DWI or similar charge to a lesser offense, which means that you could receive up to 30 days in jail for a first conviction, plus hundreds of dollars in fines, suspension of your driving privileges for 90 days, and other long-lasting consequences.
Having served as both New Jersey public defenders and prosecutors, the legal team at the Law Offices of Jonathan F. Marshall knows the state’s DWI laws well. If you’ve been charged with a drunk driving offense in Glassboro, Swedesboro, Washington Township, Deptford Township, Franklin Township, Monroe Township, Mantua Township, Harrison Township, Woolwich Township, or another Gloucester County municipality, trust our Gloucester County DWI defense lawyers to seek the best possible results for you.
We know more than the law. We know the technology used in these cases. Several of our Gloucester County drunk driving defense attorneys are certified to maintain and operate the Draeger Alcotest 7110 MKIIIC alcohol breath test instrument, New Jersey’s official breath testing machine. Our firm also owns one such machine to use in preparing our cases.
In addition, several of our drunk driving defense lawyers also are certified in Standardized Field Sobriety Testing (SFST), the only way to prove a driver’s impairment without breath readings or blood tests as evidence. Some of our DWI defense attorneys also are certified in instructing others in how to administer the SFST.
If you’d like to learn more about the resources we can devote to your Gloucester County drunk driving defense or our qualifications, please contact us today through our online form or call our Woodbury office. We’ll set up an initial free consultation with one of our knowledgeable Gloucester County drunk driving defense lawyers right away.
What Is a DWI Offense in Gloucester County?
In Gloucester County and throughout New Jersey and the United States, it is illegal to drive while intoxicated or “being under the influence.” New Jersey law defines this as a person having a “substantial deterioration or diminution of the mental faculties or physical capabilities” because of ingesting alcohol or drugs.
In New Jersey, an adult over age 21 is intoxicated when he or she has a blood alcohol content (BAC) at or above 0.08 percent. Someone younger than the state’s legal drinking age of 21 can be found guilty of DWI with any detectible amount of blood alcohol.
New Jersey law also prohibits someone from operating a motor vehicle while under the influence of a narcotic, a hallucinogenic, or other habit-producing drugs. State law commonly refers to impaired driving based on the use of drugs as driving under the influence of drugs, or DUI.
Drunk Driving Penalties in Gloucester County
In Gloucester County, as throughout New Jersey, the penalties for violating the state’s drunk driving laws grow more intense with repeat offenses.
Here’s a short breakdown of Gloucester County drunk driving offenses and the penalty for each:
- If convicted of a First Offense with a BAC of 0.08 to 0.09 percent:
- A fine of $250 to $400
- Up to 30 days in the Gloucester County Jail
- A suspension of driving privileges (driver’s license) for 90 days
- Two 6-hour classes over two consecutive days at an Intoxicated Driver Resource Center
- If convicted of a First Offense with a BAC of 0.10 percent or higher:
- A fine of $300 to $500
- Up to 30 days in the Gloucester County Jail
- A suspension of driving privileges for seven to 12 months
- Two 6-hour classes over two consecutive days at an Intoxicated Driver Resource Center
- An annual insurance surcharge of $1,000 each for three years
- If convicted of a Second Offense, regardless of the BAC:
- A fine of $500 to $1,000
- At least two days to 90 days in the Gloucester County Jail
- A suspension of driving privileges for two years
- A 48-hour detainment in a regional Intoxicated Driver Resource Center
- An annual insurance surcharge of $1,000 each for three year.
- The installation of an ignition interlock device for one to three years after regaining your driver’s license
- If convicted of a Third Offense, regardless of the BAC:
- A $1,000 fine
- 180 days in the Gloucester County Jail
- A suspension of driving privileges for 10 years
- A detainment in an in-patient alcoholism treatment program
- An annual insurance surcharge of $1,000 each for three years
- The installation of an ignition interlock device for one to three years after regaining your driver’s license
- A court-determined fee paid to the Intoxicated Driver Resource Center
In addition to those penalties, any DWI or DUI conviction also requires certain surcharges and fees:
- $50 to the Violent Crimes Compensation Fund
- $75 to the Safe and Secure Community Program
- $100 to an Intoxicated Driving Program
- $100 to a Drunk Driving Enforcement Fund
- $100 for a Motor Vehicle Commission restoration fee
Penalties increase if a DWI or DUI occurred in a school crossing or a school zone.
A municipal or superior court judge in Gloucester County also may revoke a defendant’s vehicle registration.
In addition, if you’re a parent or guardian convicted of driving while intoxicated with someone who is 17 or younger in your vehicle, you’ll also be found guilty of a disorderly persons offense. On that charge alone, you’ll be required to perform up to five days of community service and lose your driver’s license for up to six months.
Our Response to Your Gloucester County Drunk / Drugged Driving Charge
At the Law Offices of Jonathan F. Marshall, we believe that defendants deserve and have a right to a dedicated and strong legal defense that seeks the best resolution available for them. We want to hear what occurred from your perspective. We also want to review the police report and examine any other evidence against you.
Prosecutors in a Gloucester County drunk driving or drugged driving case must demonstrate two elements to secure a conviction:
- Proof of operation of the motor vehicle. Customarily, this is established through a law enforcement officer seeing the accused operate the vehicle. There also may be circumstantial evidence indicating that the person intended to operate or was operating the vehicle — for instance, if the engine was running or the keys were in the ignition.
- Proof of intoxication (being under the influence). Here, the Draeger Alcotest 7110 MKIIIC acts as the state’s official mechanism for testing breath samples. If law enforcement cannot establish a breath sample or a blood sample, they may attempt to establish intoxication through psychophysical testing, also referred to as SFST.
We’ll explore whether any field sobriety test was administered and interpreted properly.
We’ll also investigate:
- The reasonable suspicion or probable cause for the traffic stop
- The probable cause for law enforcement to believe you were intoxicated
- Whether the Draeger Alcotest was administered improperly or in an untimely manner
- Whether the Draeger Alcotest has been properly certified and inspected
- Whether there was an illegal search or seizure to take your blood for testing the drug or alcohol content
- Whether there was a failure to advise you of your Miranda rights against self-incrimination
If a conviction cannot be avoided, our Gloucester County criminal defense attorneys will work to have any blood or urine test results reduced or excluded so that you receive the lowest possible punishment. We’ll also discuss any prior convictions you may have with the court during our negotiations.
Contact Our Gloucester County DWI Lawyers Now
At the Law Offices of Jonathan F. Marshall, we understand that people can and do make mistakes. We recognize that drunk or impaired driving can cause devastating injuries or death, but we also believe in giving people a chance to avoid having a mistake limit their future livelihood, especially when there is little to no property damage and no injuries.
Contact the Law Offices of Jonathan F. Marshall today to learn how we’ll put our 100 combined years of legal practice to work for you. Visit our Woodbury office at 38 Cooper St., Suite 204, or call us to set up a free, no-obligation consultation.
