If you have been charged with DWI in Morris County, New Jersey, you need an experienced and dedicated criminal defense attorney right away. New Jersey drunk driving laws are among the strictest in the nation. You should not expect a prosecutor to show mercy if you try to represent yourself and are charged with driving while intoxicated (DWI) or driving under the influence of drugs (DUI) in New Jersey.
A first-time DWI or DUI conviction will cost you up to 30 days in jail, loss of driving privileges for 90 days and hundreds of dollars in fines and fees. A DWI conviction will remain on your record permanently for prospective employers, loan officers, college officials and others to find in background checks.
For anyone serious about avoiding a conviction for DWI/DUI in Morris County, an aggressive legal defense is a must. The legal team at the Law Offices of Jonathan F. Marshall includes defense attorneys who are former prosecutors and public defenders. Several of our attorneys are certified in the use of the Draeger Alcotest 7110 MKIIIC alcohol breath test instrument and Standardized Field Sobriety Testing. Our DWI defense attorneys have the knowledge to identify issues that may compel prosecutors to dismiss your DWI charge.
The attorneys at the Law Offices of Jonathan F. Marshall were assembled to create one of the largest and most experienced legal defense teams in New Jersey. We have the qualifications, training and resources to develop a solid DWI defense for you.
Call or fill out our online form to set up a free consultation with one of our experienced New Jersey DWI lawyers in our Morristown, N.J. office.
DWI Charges in Morris County, NJ
Under New Jersey law, a person operating a motor vehicle or boat with a blood alcohol concentration (BAC) of 0.08 percent or greater is considered to be driving while intoxicated (DWI). The law provides that operating a motor vehicle while under the influence of intoxicating liquor, narcotic, or hallucinogenic or habit-producing drug may be proven by observational-type evidence with or without a specific BAC test result.
A person younger than 21 years old — the legal drinking age — can be found guilty of DWI with any detectible amount of alcohol in their blood while behind the wheel of a car.
If you permit another person who is “under the influence” to operate a motor vehicle or boat that you own (or is in your custody or control), you also are subject to the DWI law’s mandatory penalties.
Intoxication from alcohol is typically established through breath or blood tests, and a BAC of 0.08 percent or more is considered evidence of guilt. However, if you consume any amount of alcohol and police think it has negatively affected your driving, you can be arrested and charged with drunk driving.
An impaired driving offense based on drug use is commonly referred to as driving under the influence of drugs (DUI or DUID).
If you are convicted of DWI or DUI in New Jersey, you face significant penalties, even for a first offense:
1st Offense DWI
0.08 to 0.099 percent BAC or based on observational evidence with or without a particular BAC:
- $250 to $400 fine
- Up to 30 days in jail
- 90 days driver’s license suspension
- 12 to 48 hours at an Intoxicated Driver Resource Center for classes and alcoholism assessment
- $1,000 annual surcharge penalty for 3 years.
0.10 percent BAC or more:
- $300 to $500 fine
- Up to 30 days in jail
- 7 to 12 months driver’s license suspension
- 12 to 48 hours at an Intoxicated Driver Resource Center for classes and alcoholism assessment
- $1,000 annual surcharge penalty for 3 years.
0.15 percent BAC or more, the penalties above plus:
- 6 months to 1 year with an ignition interlock device on your vehicle – after license restoration.
2nd Offense DWI (within 10 years)
- $500 to $1,000 fine
- 2 to 90 days (3 months) in jail
- 30 days community service
- 2 years driver’s license suspension
- 12 to 48 hours at an Intoxicated Driver Resource Center for classes and alcoholism assessment
- $1,000 annual surcharge penalty for 3 years
- 1 to 3 years with an ignition interlock device on your vehicle – after license restoration.
3rd Offense DWI (within 10 years of 2nd offense)
- $1,000 fine
- 180 days (6 months) in jail
- Up to 90 days community service
- 10 years driver’s license suspension
- 12 to 48 hours at an Intoxicated Driver Resource Center for classes and alcoholism assessment
- $1,500 annual surcharge penalty for 3 years
- 1 to 3 years with an ignition interlock device on your vehicle – after license restoration.
A New Jersey DWI conviction also requires paying:
- $100 to the Drunk Driving Enforcement Fund
- $100 to the Alcohol Education and Rehabilitation Fund
- $230 fee to the Intoxicated Driving Resource Center (IDRC), $280 on second or third offense
- $100 license restoration fee
- $75 to the Neighborhood Services Fund.
If the IDRC alcoholism assessment determines that treatment is needed, the offender must complete treatment and be monitored for a minimum of 16 weeks by the IDRC.
Penalties increase if a DWI occurred in a school zone or school crossing.
A parent or guardian convicted of DWI with a passenger who was 17 years old or younger is also guilty of a disorderly persons offense. This results in loss of driving privileges for up to 6 months and up to 5 days of community service.
Refusing a DWI Breath Test
When you are stopped on suspicion of drunk driving, you will be subjected to Standardized Field Sobriety Testing and then almost certainly arrested. Once in custody, you will be subjected to the Draeger Alcotest 7110 MKIIIC alcohol breath test (sometimes known as a “Breathalyzer,” which is actually the brand name for another instrument). If you are unable to give a proper breath sample, police have the right to take a blood or urine sample.
Refusing a breath test is not a viable option. Even on a first DWI charge, you will be penalized with:
- $300 to $500 fine; $600 to $1,000 if arrested in school zone
- 7 to 12 months driver’s license suspension; 1 to 2 years if arrested in school zone
- 12 hours or more at an Intoxicated Driver Resource Center for classes and alcoholism assessment
- 6 months to 1 year with an ignition interlock device on your vehicle – after license restoration
- Fines and fees as for a first-offense DWI (above).
The penalties for refusing a breath test increase upon second, third or subsequent DWI charges.
How Our Morris County DWI Lawyers Can Help
Regardless of the circumstances surrounding your DWI / DUI arrest, you have a right to a legal defense that seeks the most favorable resolution of the DWI charges for you. Prosecutors must prove the charges in court to gain a conviction. Defendants whose cases go to court in Morris County are found not guilty every day with the help of a skilled DWI defense attorney.
The sooner the Law Offices of Jonathan F. Marshall can get involved in your case, the better the opportunity to challenge the charges. Our attorneys have training that is more extensive than a police officer’s in terms of field sobriety tests and the use of the Draeger Alcotest instrument. This often translates into identifying mistakes in the administration of the test and helpful insights to cross-examine police officers effectively.
Initially, we will see whether we can establish:
- Lack of probable cause or reasonable suspicion for stopping you
- Lack of probable cause to believe you were intoxicated
- Failure to advise you of your Miranda rights against self-incrimination
- Improper administration and/or interpretation of field sobriety tests
- Improper or untimely administration of breath testing
- Improper inspection and certification of the Draeger Alcotest machine.
To obtain a conviction, prosecutors must demonstrate two elements of the alleged criminal offense:
- Proof of operation of the motor vehicle. This is customarily established through actually seeing the defendant operate the vehicle or evidence that the accused was operating or intended to operate the vehicle. Prosecutors typically attempt to establish intention by demonstrating that the vehicle was running, or the defendant had put the keys in the ignition.
- Proof of intoxication. New Jersey has adopted the Draeger Alcotest 7110 MKIIIC as its official mechanism for testing breath samples in drunk driving arrests. If police cannot establish a “per se” violation through a breath or blood sample, they may attempt to use results of Standardized Field Sobriety Testing, also referred to as psycho-physical testing, to establish intoxication.
However, the Draeger Alcotest is a complex machine that requires precise calibration and operation, as well as maintenance between uses. Operators should be certified and should record the steps they take to calibrate the machine before administering each test. Additionally, it is easy to administer field sobriety tests improperly, and results are highly subjective. Our DWI defense attorneys understand what each of these testing regimens require and the mistakes that are often made. We will aggressively challenge any deviation from protocol.
For a DUID, prosecutors are typically required to present testimony from a police officer trained and certified as a Drug Recognition Expert that the suspect was under the influence of drugs. Blood or urine test results are required to establish that the suspect had possession of drugs in his or her system.
If a conviction is unavoidable, our criminal defense attorneys will seek to have the BAC measurement or blood or urine test results excluded or reduced, which will lead to the minimum sentence available.
Our attorneys can ensure that the law is properly applied to the unique circumstances of your arrest. We can do this because we fully understand the law and have professional relationships with Morris County prosecutors and judges that ensure our arguments will be heard and considered. Our firm invests the time and resources to investigate and challenge DWI charges.
Our attorneys have handled DWI cases as prosecutors and defense attorneys in Morris County courts and across the state. We understand that people make mistakes. We can help you keep a DWI or DUI conviction from damaging your life today and limiting your future.
Meet with Our Morris County DWI Attorneys Today
Do not take a charge of driving while intoxicated or under the influence (DWI or DUI) in Morris County lightly. Penalties are severe, and prosecutors are motivated to obtain convictions. With proper legal representation, there are opportunities to challenge your arrest and the evidence against you and avoid potentially costly penalties.
It is imperative to hire an experienced N.J. DWI lawyer who knows Morris County courts as soon as possible after an arrest in Morristown, Mendham, Jefferson, Montville, Pequannock, Parsippany or another Morris County township. The attorneys at the Law Offices of Johnathan F. Marshall have the experience to obtain the best possible resolution to your case. Contact the Law Offices of Johnathan F. Marshall in Morristown, New Jersey, as soon as possible for a free initial consultation about a DWI charge.
