Drivers who get behind the wheel after having a bit too much to drink may be charged for driving while intoxicated (DWI). You can also be charged for driving under the influence (DUI) of drugs or controlled substances.
A DWI or DUI may have long-lasting effects on your entire life. Although these charges share many similarities, there are key differences in how they are prosecuted and how you might defend yourself. Penalties for DUIs and DWIs often include driver’s license suspensions. Repeat offenders often face increasingly harsh penalties like higher fines, ignition interlock devices, and even jail time. You can fight these charges by challenging the testing methods used by law enforcement, although your unique situation might require a different approach.
A DUI or DWI charge can wreak havoc on numerous aspects of your life, and the consequences tend to linger for a long time. Our New Jersey DUI and DWI lawyers can assist you. Call the Lombardo Law Group, LLC at (609) 445-4300and inquire about a free case evaluation.
The Difference Between a DUI and DWI in New Jersey
You might have heard the above-mentioned terms DUI and DWI talked about together. Often, these terms are used interchangeably by defendants, police officers, and even attorneys. In New Jersey, the terms are technically interchangeable, but they are often used as follows:
A DWI is charged when a driver is under the influence of alcohol. A DUI applies when a driver is under the influence of intoxicating substances or drugs – which could just be alcohol. Whatever you call the charges, they are both contained under the statute N.J.S.A. § 39:4-50.
Under this statute, a person who operates a vehicle under the influence of alcohol, a narcotic, hallucinogenic, or habit-producing drug, or a combination of the two, may be criminally charged. Our New Jersey DUI and DWI lawyers have experience handling both kinds of cases and can assist you in fighting your charges.
It is important to speak with an attorney about your case because there may be critical differences in how your case should be approached depending on which charges you are facing. Although the penalties for both are largely similar, the way in which we can challenge the charges may differ greatly.
Penalties for DWIs and DUIs in New Jersey
The penalties for both DUIs and DWIs are contained under the same statute. In fact, these charges are punished in similar ways, depending on whether you face a first or subsequent violation. Our New Jersey DUI and DWI lawyers can help you challenge your charges and hopefully reduce or avoid these penalties.
Penalties for First-Time Offenders
For a first-time offender charged with a DWI, the penalties are based on the driver’s blood alcohol concentration (BAC). If a driver’s BAC was at least .08% but still less than .10%, they may be fined at least $250 and up to $400. They can also be sent to jail for up to 30 days at the discretion of the court. Finally, the driver may lose their license unless they install an ignition interlock device in their vehicle that prevents the vehicle from starting if the driver has any alcohol in their system. For a BAC of at least .10%, the fines increase to at least $300 but not more than $500.
If Your BAC is at least .10% but less than .15%, you may be required to install an interlock ignition device in your vehicle. For a BAC of at least .15%, you may lose your license for at least 4 months and up to 6 months.
If you are convicted of a first-time offense for driving under the influence of intoxicating drugs, you will forfeit your right to drive for at least 7 months and up to 1 year.
First-time offenders are often in a better position to negotiate for reduced charges or more lenient sentencing. Our New Jersey DUI and DWI defense attorneys have experience helping first-time offenders fight their charges.
Penalties for Additional Offenses
For a second DUI or DWI charge, a driver may be fined at least $500 and up to $1,000. They may also be required to perform community service for 30 days and sentenced to jail for up to 90 days. They will also lose their license for at least 1 year but not more than 2.
Any additional offenses may be punished even more harshly. A driver may be fined $1,000 and sentenced to at least 180 days in jail. The court may reduce your sentence if you participate in a drug or alcohol rehabilitation program, but your sentence will not be reduced more than 90 days. The driver will also lose their license for 8 years.
Defending Yourself Against DUI and DWI Charges in New Jersey
You do not have to accept your DUI or DWI charges lying down. You have a right to defend yourself with the help of an attorney. Our New Jersey DWI and DUI attorneys have years of experience fighting these charges and are ready to assist you in any way they can.
If you are charged with a DWI, we can challenge the accuracy of your breathalyzer results. Drivers are often tested in DWI cases, and if the testing equipment is not properly maintained and calibrated, the results should not be trusted.
We can also question whether there was sufficient probable cause to arrest you. While the police are permitted to stop a possibly intoxicated driver if they have reasonable suspicion, making an arrest requires more. Although probable cause can be determined based on the totality of the circumstances, it usually requires something real and articulable. If the arrest was not based on good probable cause, any testing or evidence that came after can be suppressed.
Call Our New Jersey DUI and DWI Lawyers for Help
If you face charges for a DUI or DWI, you may face multiple steep penalties and long-lasting consequences. Our New Jersey DUI and DWI lawyers can help you fight the charges and get your life back. Call the Lombardo Law Group, LLC at (609) 418-to get a free case review.
