Middlesex County DWI Lawyer

What is the Difference Between DWI and DUI?

The state legal code of New Jersey uses the term “driving while intoxicated” or “driving while impaired” (DWI) to refer to operating a motor vehicle when your BAC is greater or equal to 0.08%. Therefore, DWI is a synonym for drunk driving; it only applies to alcohol, not to drugs.  The term “driving under the influence” (DUI) refers to operating a motor vehicle after consuming controlled substances such as cannabis, illegal drugs, or prescription drugs that contain warnings that you should not drive after taking them. If you test positive for both alcohol and drugs, you could face charges for DWI, DUI, or both.

Penalties for DWI in Middlesex County, New Jersey

DWI is a traffic offense, not criminal offense in New Jersey, but the grading of the offense and its penalties vary according to your BAC and whether you have any previous DWI convictions on your record.  These are the penalties for DWI when your BAC is at least 0.08% but less than 0.10%:

• For a first offense, you must pay a fine; the judge can set the amount of the fine anywhere from $300 to $500. You must also take a class at the Intoxicated Drivers Resource Center. The class is six hours a day for two consecutive days. The court can also suspend your license for the period that it takes you to install and receive a certification that your vehicle has an ignition interlock.  The interlock must remain on the car or truck for as long as ordered by the court. If the blood alcohol concentration (“BAC”) involved in the case is .15% or higher, there is an additional suspension of 4-6 months that must be ordered by the court.There is also the potential of 30 days in jail for a first offense.
• For a second offense, the fine ranges from $500 to $1,000, and the period of driver’s license suspension is one (1) to two (2) years. After the license suspension period ends, you must spend 48 consecutive hours in the Intoxicated Drivers Resource Center before your license can be reinstated. Once you get your driver’s license back, you must use an ignition interlock device for one to three years. You could also get a jail sentence of two to 90 days.
• For a third offense, you must pay a $1,000 fine and an additional fee to the Intoxicated Drivers Resource Center; the judge will determine the fee amount on a case-by-case basis. You will also have to pay a $1,000 surcharge every year for three years. Your driver’s license will be suspended for eight (8) to ten (10) years, and you must complete an inpatient alcohol rehabilitation program. After reinstatement of your driver’s license, you must use an ignition interlock device for one to three years.

The financial penalties do not end there. You may need to pay up to $425 in additional fees, either at the time of your conviction or before reinstating your driver’s license, regardless of whether you have had previous DWI convictions. If your BAC was 0.10 or higher at the time of the traffic stop, you must pay a $1,000 surcharge each year for three years. There are also penalties if the traffic stop occurred because you were driving drunk in a school zone.

If you are under the age of 21 at the time of the DWI traffic stop, the same penalties apply as for older defendants. The difference is that, when you are below the legal drinking age of 21, you can be convicted of DWI if your BAC was below 0.08% but high enough to count as evidence that you had been drinking alcohol.

Defenses to Charges of DWI

In any DWI case, you have the right to enter a plea of not guilty and to advance arguments to convince the jury that the prosecution’s claims against you are not strong enough to prove your guilt. Remember that the burden of proof is on the prosecution. You do not have to make the jury sure that you are innocent; you only have to make them not sure that you are guilty. Most of the time, the most relevant defenses in a DWI case are based on the argument that the prosecution does not have sufficient evidence to convict you. For example, the field sobriety tests commonly administered at traffic stops are not very reliable. There are plenty of reasons that a person might not be able to walk an imaginary tightrope. Numerous medical conditions can result in less than excellent balance when you are performing a challenging task like walking an imaginary tightrope, especially in an emotionally stressful situation like a traffic stop. Your lawyer might show relevant portions of your medical records as evidence that it would be almost impossible for you to perform well on a field sobriety test, even when sober. Even breathalyzer tests are not always accurate. New Jersey recently changed the type of breathalyzer it uses, and not all police officers in New Jersey are skilled at using the new test to get an accurate reading.

When you drive in New Jersey, you are implicitly entering into an agreement in which you promise not to drive under the influence of alcohol; you are also implicitly consenting to breathalyzer testing at traffic stops. This means that it is not a valid defense to argue that you were not driving erratically enough to warrant a breathalyzer test; if you were driving, that means that a breathalyzer test was an option. If you refuse to take a breathalyzer test, this legally counts as an admission that your BAC is above the legal limit. Therefore, a better option is to take the breathalyzer test and then talk to a Middlesex County DWI defense lawyer.

Why Should You Hire a Middlesex County DWI Lawyer?

The biggest reason that you should hire a Middlesex County DWI defense lawyer if you get accused of DWI or DUI is that you have so much to lose if you get convicted. The monetary penalties alone are frightening; they add up to thousands of dollars for all except a first-time DWI offense where your BAC was only slightly above the legal limit. Likewise, driver’s license suspension is costly; you will have to pay for rides everywhere, and you will be excluded from jobs where a valid driver’s license is a requirement. Even when you get your driver’s license back, your insurance premiums will be higher, and it will take several years before they go back to the price they were before the DWI conviction. Furthermore, the mere presence of a DWI conviction on your record counts against you on background checks, so finding housing and work could be much harder than if you had been acquitted. Contact us to discuss your best options for winning your particular case.

Former DWI Prosecutors Who Know What It Takes to Win

Former DWI Prosecutors Who Know What It Takes to Win

The consequences for a DWI conviction are severe, ranging from 3-12 months for a First DWI Offense, 2 years for a Second Offense DWI, and 10 years for a 3rd DWI or subsequent offense. Don’t gamble with your drivers license and livelihood, hire a law firm with over 100 years of combined experience and that thousands have trusted in. Our attorneys know the time and dedication it takes to beat a DWI charge. Please call us today at 855-450-8310 to set up an appointment at our New Brunswick Office, Edison Office, or Woodbridge Office or to discuss your options with one over attorneys over the phone during a free initial consultation.