Driving While Intoxicated, also referred to as Driving Under the Influence, is a traffic offense in New Jersey and therefore the case will be handled in the local municipal court where the incident happened. Although a DWI is traffic in nature, most people would probably consider it the most serious offense handled in municipal courts. DUI / DWI’s are one of two offenses in New Jersey that are non-plea bargain-able, what that means is that you have to find and create issues in your case in order to receive a favorable result. (the other offense is marijuana possession under 50 grams, N.J.S.A. 2C:35-10A(4)).
DUI Lawyers in Jersey City NJ
N.J.S.A. 39:4-50 is the governing statute in New Jersey for DWI. The potential penalties which an individual faces when convicted of a DUI in New Jersey will depend on two major factors: do you have any prior DUI convictions and was their a motor vehicle accident involved. If you have been charged with DWI in Weehawken, Bayonne, Jersey City, North Bergen, Hoboken or elsewhere in Hudson County, you should contact our Jersey City office directly at (201) 309-1800 for a free initial consultation. Despite what most people think, a DWI specialist in Hudson County NJ can make help avoid or reduce your potential license suspension. The Law Office of Jonathan F. Marshall is an experienced Hudson County NJ DUI defense firm. We have been successfully been handling DWI throughout Hudson County for over fifteen years. Please see our exceptional NJ DUI credentials below.
Exclusive NJ DWI Defense Qualifications:
Our team of dwi defense lawyers have the experience and training required to successfully defend your case. Our team of eight dui defense lawyers forms not only one of the larges DUI firms in New Jersey, let alone Hudson County but also forms the most credentialed DWI firm as well. We have over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience, in more then twenty-five different municipalities throughout the state. Here are some of the important qualifications that our firm possess:
- Five attorneys that are certified to administer the Alcotest Machine (Approx. 50 certified in NJ (Device used to test a potential DWI defendant’s Breath Alcohol Content)
- Three attorneys certified to instruct the field sobriety tests (Approx. 5 certified in NJ) (Tests that give police probable cause to arrest a defendant under suspicion of DUI)
- Five attorneys certified to administer field sobriety tests (Approx. 15 certified in NJ)
- Three attorneys certified to instruct the field sobriety test (Able to teach new officers how to properly administer the Field Sobriety Tests)
- Four former DWI Prosecutors in some of New Jersey busiest DUI Municipalities
These unique qualifications affords our attorneys the ability to closely examine a defendant’s DWI discovery and spot police and/or machine error. On a first offense DWI, a defendant is facing between a 7-12 month loss of their driving privileges provided their BAC was above .10 %. If our team of Hudson County NJ DWI defense lawyers are able to suppress the breath test readings then the max license suspension is 3 months.
Potential Penalties If Convicted of DWI in Jersey City NJ:
First Offense:
If your blood alcohol content was at least .08 but less than .10:
- Mandatory license suspension of 3 months;
- Mandatory fines and assessments, totaling approximately $800;
- A $1,000 a year state surcharge (for 3 years);
- 12 Hours in the Intoxicate Drivers Recourse Center.
If your blood alcohol content was .10 or higher:
- Mandatory license suspension between 7 – 12 months;
- Mandatory fines and assessments, totaling approximately $800;
- A $1,000 a year state surcharge (for 3 years);
- 12 Hours in the Intoxicate Drivers Recourse Center.
Second Offense:
- Mandatory 2 year license suspension;
- Mandatory 2 to 90 days in the Hudson County Jail or 48 hours in the Intoxicated Drivers Recourse Center;
- Mandatory 30 days of community service;
- Mandatory Installation of an ignition interlock;
- Mandatory fines and assessments approximately $1,200;
- State surcharge of $1,500 per year for three years.
Third Offense:
- Mandatory 10 year license suspension
- Mandatory 180 days in the Hudson County jail;
- Mandatory fines and assessments approximately $2,000;
- Mandatory Installation of an ignition interlock.
Important information on the Offense of Driving While Intoxicated in New Jersey
- First Offense DWI
- Second Offense DWI
- Third Offense DWI
- Refusal to Submit to a Breath Test
- Drug DUI
- Marijuana DWI
- Under Age DWI
- DWI in a School Zone
- Ignition Interlock Device
DUI Defense Specialist in Hudson County NJ
As you can tell, a driving under the influence conviction in Jersey City can have life changing consequences. A loss of license could make it impossible to get to school or work since New Jersey does not afford DUI offenders temporary / work permit drivers licenses. Therefore, it is imperative that you speak to an experienced Jersey City, New Jersey dui defense firm immediately about your options. If you have any further questions please do not hesitate to contact our Jersey City office directly at (201) 309-1800 and speak to any one of our eight DWI defense lawyers.
