With the advent of “Drive Sober or Get Pulled Over,” law enforcement officials in New Jersey have continued their vigorous pursuit of individuals who operate motor vehicles under the influence of drugs or alcohol. As defined under New Jersey Law, “impairment” can refer to a Blood Alcohol Concentration (BAC) of 0.08 percent or higher, or being under the influence of a narcotic, hallucinogenic, or habit-producing drug. Unfortunately, it is often difficult to evaluate one’s own blood alcohol concentration, particularly when intervening variables such as your weight, food consumption, level of hydration, and the period during which you consumed the alcohol can have a significant effect on your registered BAC if you are arrested. Overall, if you are charged with DWI and convicted, you may be exposed to penalties including: suspension of your driving privileges, fines, community service, attendance at a state-approved Intoxicated Driver Resource Center (IDRC), automobile insurance surcharges, and perhaps most shockingly, a jail sentence.
When facing the severe repercussions associated with a conviction for DWI, feeling overwhelmed and anxious is entirely understandable, but you may have more options than you know. At The Law Offices of Jonathan F. Marshall, our dedicated team of attorneys has worked to achieve the same credentials as those who investigate and prosecute these offenses on behalf of the State. For example, our firm boasts 5 attorneys who are certified to operate and maintain the Draeger Alcotest 7110 Breath Test Instrument, as well as 5 lawyers who are certified in Standardized Field Sobriety Testing (3 of whom are also SFST instructors). In addition, our defense team includes former prosecutors in over 25 municipalities, who offer invaluable insight into the way the State constructs its cases against DWI defendants. Essentially, we have made it our business to know as much, if not more, than those who would seek to prosecute our clients. If you or someone you love has been charged with DWI in New Jersey, contact our offices anytime at 908-722-1011 for a free comprehensive consultation. Our knowledge is your power.
First Offense DWI in New Jersey: N.J.S.A. 39:4-50
New Jersey Statute N.J.S.A. 39:4-50 addresses driving under the influence, mandating the following with regard to these offenses:
- No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug;
- A person with a blood alcohol content of 0.08% by weight of blood (BAC) is deemed to be “per se” intoxicated for purposes of determining whether a violation has occurred; and
- No person is to permit another to operate a motor vehicle while under the influence or intoxicating liquor, narcotic, hallucinogenic or habit producing drug.
The sentencing guidelines associated DWI offenses in New Jersey are delineated per the following factors:
- The number (if any) of previous DWI violations for which the defendant has been convicted;
- The defendant’s Blood Alcohol Concentration (BAC) at the time of the offense (solely applies in first offense DWI cases);
- Whether or not the offense occurred in a school zone;
- If the person consented or refused to submit to a breath test;
- Whether or not the defendant was under the legal age to consume alcohol (21); and
- If an accident resulted or anyone was injured as a result of the offense.
First Offense DWI Penalties in New Jersey
The potential penalties imposed for a first offense DWI in New Jersey are contingent upon the driver’s assessed Blood Alcohol Concentration, provided that he or she did not refuse to consent to a breath sample. These offenses are distinguished as follows:
- Blood Alcohol Concentration (BAC) ranging from 0.08 to 0.10 percent: fine ranging from $250-$400, 12-48 hours of attendance at an Intoxicated Driver Resource Center (IDRC), 3-month suspension of driving privileges, New Jersey DMV Surcharge of $1,000 per year for 3 years following conviction, sentence to serve up to 30 days in the county jail
- Blood Alcohol Concentration (BAC) that exceeds 0.10 percent: fine ranging from $300-$500, 12-48 hours of attendance at an Intoxicated Driver Resource Center (IDRC), 7 months to 1 year suspension of driving privileges, New Jersey DMV Surcharge of $1,000 per year for 3 years following conviction, sentence to serve up to 30 days in the county jail
- Blood Alcohol Concentration (BAC) that exceeds 0.15 percent: fine ranging from $300-$500, 12-48 hours of attendance at an Intoxicated Driver Resource Center (IDRC), 7 months to 1 year suspension of driving privileges, New Jersey DMV Surcharge of $1,000 per year for 3 years following conviction, sentence to serve up to 30 days in the county, mandatory ignition interlock device for period of license suspension and 6 months following license restoration.
Contact our Raritan Twp. DUI Lawyers for Immediate Assistance
With over 100 years of combined experience on both sides of the New Jersey Justice System, the talented team of attorneys at The Law Offices of Jonathan F. Marshall is equipped with the knowledge and skill to overcome your DWI charges. Contact us today at 908-722-1011 to learn more.
