Charges for driving while intoxicated (DWI) come with varying penalties based on the circumstances of the case. In most cases, the consequences of a DWI can have a long-lasting negative impact on your life.
Your DWI charges depend on numerous factors, including your history of DWI convictions and your blood alcohol concentration (BAC). Defendants with higher BACs and prior DWI convictions may be punished more harshly than first-time offenders with relatively low BACs. Underage drivers can be charged with DWIs if there is any detectable amount of alcohol, even if their BAC is very low. DWI defendants often face chemical testing from law enforcement, which can be refused in some cases but cannot be refused in others. Defending yourself against your charges might involve challenging evidence of your intoxication or the validity of your arrest.
If you or someone you know is facing DWI charges, you should contact an attorney for help immediately. Our Egg Harbor Township DWI attorneys can assess your case and determine the best way to fight your charges. Call the Lombardo Law Group, LLC at (609) 418-4537 for a free case review.
DWI Charges in Egg Harbor Township
DWIs can be assessed under N.J.S.A. § 39:4-50. It is important to speak to a lawyer about your case as soon as possible. The nature and severity of your charges depend on your history of DWI convictions, BAC from your current charges, and other aggravating factors like injuries or crashes caused by the DWI. Our Egg Harbor Township DWI lawyers can help you review your case so we can understand your charges and challenge them in court.
First Offense
For a first-time offender, the DWI penalties are more lenient than those for a defendant with a history of DWIs. The severity of the charges also depends on your BAC at the time of the incident. A first-time offender with a BAC of at least .08% but less than .10% may be fined at least $250 but no more than $400. The defendant might also be sentenced to spend no more than 30 days in jail and have their license suspended until they install an ignition interlock device in their car.
A first-time offender with a BAC of at least .10% but less than .15% may be fined at least $300 but not more than $500 and be imprisoned for up to 30 days at the court’s discretion. They might also have their driver’s license suspended until they install an ignition interlock device in their vehicle.
If the defendant’s BAC is .15% or higher, they will lose their driver’s license for at least 4 months and up to 6 months, in addition to installing an ignition interlock device in their vehicle. They will also be fined at least $300 but not more than $500.
Second Offense
A second DWI violation may be charged more harshly. For a second DWI, a defendant may be fined at least $500 but not more than $1,000. They will also be ordered by the court to perform 30 days of community service. The form of your community service is at the discretion of the court. You also risk being sentenced to a jail term of at least 48 hours but no longer than 90 days. You will also have your license suspended for at least 1 year but not more than 2 years.
Subsequent Offenses
For third offenses and beyond, the penalties become very harsh. A defendant facing their third DWI may be sentenced to at least 180 days in jail. However, the court may reduce this time to 90 days if the defendant enters a drug and alcohol inpatient rehabilitation program. The defendant can also be fined $1,000 and lose their driver’s license for 8 years in addition to installing an ignition interlock device in their car.
Aggravating Factors
Your charges and penalties are based on more than just your BAC and the number of DWIs on your record. The court can also consider other aggravating factors when determining your penalties. If you were allegedly involved in an accident during your DWI, the court might use this detail when determining how to sentence you after a conviction. If someone was injured in that accident, your penalties might be harsher, or new criminal charges might be assessed. Our Egg Harbor Township DWI defense attorneys can help you mitigate these aggravating factors and hopefully avoid conviction or at least keep your penalties from being upgraded or increased.
DWIs for Underage Drivers in Egg Harbor Township
There are separate DWI laws for underage drivers. Drivers often get their licenses while still teenagers, and it is illegal for young drivers to consume alcohol under any circumstances. Contact our Egg Harbor Township DWI lawyers about your underage DWI immediately, as it might cost you your license.
Ordinarily, DWIs are charged against people at least 21 years old if their BAC is .08% or higher. Alternatively, they can be charged with a lower BAC as long as they cannot safely drive due to their alleged alcohol consumption. The rule works differently for underage drivers. According to N.J.S.A. § 39:4-50.14, underage defendants can be charged with a DWI for having a BAC as low as .01%.
An underage defendant convicted of a DWI will lose their license for at least 30 days and up to 90 days. They may also be sentenced to perform community service for at least 15 days but not more than 30. These penalties are in addition to the penalties mentioned above.
Defending Yourself Against DWI Charges in Egg Harbor Township
In Egg Harbor Township, New Jersey, individuals confronting DWI charges can explore various defense strategies to challenge their cases effectively. After reviewing the specifics of your case, our experienced DWI defense lawyers can determine if any of the following may be applicable:
Challenging the Legitimacy of the Traffic Stop
Defendants have the option to challenge the legitimacy of a traffic stop by questioning the validity of the reasons behind the police officer’s decision to pull them over. Establishing that there was no reasonable suspicion of a law violation can form a robust foundation for a defense against DWI charges. A skilled legal representative can meticulously assess the circumstances surrounding the traffic stop to identify any potential lack of justification for the police action.
Questioning the Reliability of Field Sobriety Tests
A strategic defense against drunk driving accusations involves challenging the reliability of field sobriety tests. Recognizing the subjectivity of these tests and their susceptibility to external influences, such as weather conditions, allows for a critical examination of their accuracy. Defendants may dispute the results based on individual circumstances, such as pre-existing injuries that could affect the outcome of certain tests. Legal professionals can carefully analyze these factors to challenge the dependability of field sobriety tests.
Contesting Faulty Breathalyzer Results
Facing DWI charges, individuals can contest penalties by demonstrating issues with the breathalyzer test. Breathalyzers measure Blood Alcohol Concentration (BAC) by analyzing breath alcohol levels. Inaccurate results may arise from calibration errors, poor maintenance, or external substances interfering with readings. A strategic defense may involve proving that the breathalyzer used during the traffic stop was faulty due to calibration issues. Our legal team can thoroughly investigate these details to build a compelling argument against a DWI conviction.
Employing the Rising Blood Alcohol Defense
An intricate defense strategy available to DWI defendants involves the rising blood alcohol defense. This strategy asserts that the BAC was legal at the time of driving but rose to an illegal level during the breathalyzer test because alcohol takes time to absorb into the bloodstream. Establishing this defense requires comprehensive evidence, and legal professionals can assess the viability of this approach during a free case evaluation.
Medical Conditions as a Defense
Individuals facing DWI charges may defend themselves by citing specific medical conditions that mimic signs of intoxication. Conditions leading to symptoms like slurred speech or impaired motor skills can be presented as an explanation for perceived impairment. This defense entails presenting a range of medical records and expert witness statements to support the assertion that medical conditions were misinterpreted as signs of intoxication.
Protecting Miranda Rights
Defendants also have the option to contest a drunk driving charge by asserting a violation of Miranda rights. Failure to inform individuals of their Miranda rights before questioning may result in the suppression of any statements made during interrogation as evidence. Our skilled legal professionals can thoroughly investigate the circumstances of the case to determine if Miranda rights were violated, providing a potential avenue for challenging the prosecution’s evidence.
Absence of Plea Bargaining in Egg Harbor Township DWI Cases
In New Jersey, DWI cases pose unique challenges, notably regarding plea bargaining. Unlike other types of cases where defendants can negotiate plea deals, New Jersey expressly prohibits plea bargaining in DWI cases. Consequently, individuals facing DWI charges in Egg Harbor Township will not have the option to plead guilty to lesser charges in exchange for reduced penalties. Understanding this limitation is crucial when navigating the legal landscape of DWI cases in the region.
DWI Arrests Involving Drugs in Egg Harbor Township, NJ
In Egg Harbor Township, New Jersey, individuals may face DWI charges if found driving under the influence of drugs, including prescription medications. Even impairment by prescription drugs can lead to a DWI charge, highlighting the broad scope of potential legal consequences. Fortunately, various defenses are available to those confronting such charges, providing avenues for legal recourse.
Complexities of Recognizing Drug Impairment
Accurately identifying drug impairment poses significant challenges, contributing to the complexities of DWI cases involving drugs. The intricacies of drug-related impairment make it difficult for law enforcement to make precise evaluations. Recognizing this difficulty is crucial for individuals charged with DWI, as it underscores potential vulnerabilities in the prosecution’s case.
Reliability Concerns in Drug Impairment Science
The science behind evaluating individuals suspected of being under the influence of drugs is often questioned for its reliability. Many factors can compromise the accuracy of these evaluations, leading to mistakes that may entirely invalidate the assessments. This aspect becomes a critical point of consideration for individuals seeking a defense against DWI charges involving drugs.
Training Disparities in Sobriety Test Administration
Moreover, disparities in the training of law enforcement officers to administer sobriety tests in the field contribute to the complexities of DWI cases. Many officers may lack proper training in conducting these tests, raising concerns about the validity and fairness of the assessments conducted roadside. This lack of uniformity in training underscores the importance of examining the procedural aspects of the sobriety tests administered during a DWI arrest involving drugs.
Refusing a Breathalyzer Test in Egg Harbor Township, NJ
In Egg Harbor Township, drivers may choose to decline a breathalyzer test, but it comes with significant penalties. The state mandates drivers to consent to these tests during traffic stops. Upon the first refusal, individuals may face consequences such as a 12-month license suspension, a fine ranging from $300 to $500, a notable spike in insurance rates, and the mandatory installation of an ignition interlock device in their vehicle. This device acts as a handheld breathalyzer, preventing the car from starting if alcohol is detected. Similar to DWI penalties, the repercussions for refusing a breathalyzer escalate with repeated offenses, emphasizing the serious implications of such refusals.
Field Sobriety Test Refusal in Egg Harbor Township
Conversely, individuals have the right to refuse a field sobriety test. Our legal professionals can play a crucial role in ensuring that a refusal to participate in these tests does not serve as evidence of impairment. It’s important to note that even if a driver opts out of the field sobriety test, they may still be subject to arrest and asked to undergo a breathalyzer test. This distinction highlights the legal nuances surrounding testing procedures and the potential consequences of refusal, underscoring the importance of seeking legal advice to navigate these complexities effectively.
Talking to the Police Without a Lawyer After a DWI Arrest in Egg Harbor Township, NJ
When facing a DWI arrest, it is advisable to refrain from engaging in conversations with the police without our lawyers present. This precautionary measure is grounded in the potential legal ramifications and complexities associated with DWI cases. Speaking to law enforcement without legal counsel can inadvertently lead to self-incrimination, as statements made during these interactions may be used against the individual in court. Our legal team has experience with DWI cases and can provide essential guidance on what information should or should not be disclosed to the police, helping to protect the individual’s rights. Moreover, we can help interpret and navigate the legal nuances of your situation, ensuring that you are treated fairly and that your legal rights are upheld.
Call Our Egg Harbor Township DWI Lawyers for Help Today
Whether you are facing your first, second, or third DWI, our Egg Harbor Township DWI lawyers can help you assess the case and mount an effective defense. For a free evaluation of your situation, call the Lombardo Law Group, LLC at (609) 418-4537.
