New Jersey DWI Attorneys

New Jersey Attorneys Defending against Drunk Driving Charges

drink next to keys

When you are charged with New Jersey DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) charges, you may be facing serious consequences. DWI & DUI charges involve a complex set of laws and the advice and representation of an experienced drunk driving defense attorney is imperative. The New Jersey criminal attorneys at the Law Offices of Michele Finizio are knowledgeable in DWI cases and DUI cases, as well as all other types of traffic violations, and can help you navigate the court proceedings and will aggressively fight the charges against you.

Individuals convicted of a DWI offense can face license suspension, fines, surcharges and possible incarceration. The severity of the penalty depends on whether the DWI is a first, second or subsequent offense. In addition, the DMV maintains a permanent record of DWI convictions and imposes a mandatory insurance surcharge that ranges from $3,000 to $5,000.

Prosecution of a DWI involves proof of intoxication by presenting evidence such as field sobriety test results and driving patterns, as well as evidence of violation of the Blood Alcohol Content (BAC) over the legal limit of .08%. Furthermore, DWI/DUI laws are more stringent for individuals under the age of 21. Someone under 21 driving with a BAC of 0.01% or greater is breaking the law and will have their license suspended for 30-90 days in addition to 15-30 days of community service.

In addition to the standard penalties, when you are suspected of drunk driving and pulled over by law enforcement, refusal of a breathalyzer or blood test can result in more serious driver license penalties. Moreover, your refusal becomes admissible in court.  Finally, law enforcement officers are permitted to impound a drunk driver’s car under New Jersey’s John’s Law.

Penalties for DWI / DUI Charges

The penalties for driving while intoxicated in New Jersey are governed by N.J.S.A. 39:4-50 and can be quite severe and impact your life greatly. Therefore, it is important to hire a DWI attorney who will fight aggressively for the best outcome possible to your drunk driving case.

First Offense

If your blood alcohol concentration is 0.08% or higher but less than 0.10%, you can be ordered to pay a fine of not less than $250 but not more than $400. In addition, you can be detained for a period of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers.  Furthermore, in the discretion of the court, you can receive a sentence of imprisonment of up to 30 days and lose your license for a period of three months.

If your blood alcohol concentration is 0.10% or higher, or you operate a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, you may receive a fine ranging from $300 to $500 and be detained for at least 12 hours, but not more than 48 hours in accordance with the program requirements of the Intoxicated Driver Resource Centers. In addition, you can be sentenced to up to 30 days in prison and lose your license for at least seven months, but not more than one year.

Second Offense

For a second violation, you could receive a fine ranging from $500.00 to $1,000.00, and will be ordered by the court to perform community service for a period of 30 days.  You will also be sentenced to jail for a period of 48 hours to 90 days. Finally, you will lose your license for two years and must install an ignition interlock device in your vehicle.

Third Or Subsequent Offense

For a third or subsequent violation, you will be subject to a fine of $1,000.00 and could be sentenced to imprisonment for at least 180 days in a county jail or workhouse. You will lose your license for 10 years and will be required to install an ignition interlock device.

Contact the experienced New Jersey DWI Attorneys at the Law Office of Michele Finizio Esq. today. They will aggressively fight for your rights.