McKee City DWI and DUI Defense Lawyer

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Some people are so embarrassed and humiliated when charged with a DWI that they accept the charges and penalties so that they can put the whole thing behind them. You do not have to do this. Instead, speak to an attorney about your case immediately. There might be flaws in the evidence against you, or the authorities might have acted inappropriately when they seized evidence, and you might stand a chance of fighting the charges.

The penalties for driving while intoxicated (DWI) can be quite severe. The penalties only get worse and worse for each subsequent DWI you incur. On top of that, drivers with more alcohol in their systems when they are arrested tend to face harsher consequences. The authorities may stop drivers for suspected DWIs almost anywhere, including planned checkpoints. How you are stopped and everything that happens between you and the police may be of significant interest to your lawyer.

For a private evaluation of your charges, contact our DWI and DUI defense attorneys at the Lombardo Law Group, LLC by calling (609) 418-4537.

Penalties and Consequences of DWIs and DUIs in McKee City

The consequences of a DWI may have a much larger effect on your life than you first think. According to N.J.S.A. § 39:4-50(a), drivers with a BAC of at least .08% may be charged, but drivers with lower BACs might also be charged if they are still too inebriated to drive safely. The more DWIs you have on your driving record, the worse your penalties may be. Our DWI and DUI defense attorneys will review your driving record to determine what kind of penalties you might be up against.

First DWI

Under § 39:4-50(a)(1), a driver with a BAC of at least .08% but still under .10% may be fined no less than $250 and up to $400. On top of that, the driver may be detained for no less than 12 hours and up to 48 hours. However, the court has the discretion to sentence you to up to 30 days in jail. Finally, you must install an ignition interlock device in your car.

If your BAC is at least .10% but less than .15%, the fines increase to a minimum of $300 and a maximum of $500. Again, the court has the discretion to sentence you to up to 30 days in jail. Finally, you may have to forfeit your driving privileges until you install an ignition interlock device in your vehicle.

If your BAC is .15% or higher, you will lose your driver’s license for at least 4 months and up to 6 months, and you must install an ignition interlock device in your car.

If your DWI is related to controlled substances rather than alcohol or a combination of the two, your license may be suspended for at least 7 months but not longer than 1 year.

Second DWI

A second DWI conviction, according to § 39:4-50(a)(2), comes with increased fines, license suspensions, and potential incarceration. Remember, courts are much less likely to show any leniency if you have a history of DWIs.

Under the law, a second DWI may lead to fines of no less than $500 but no more than $1,000. The court may order you to perform 30 days of community service, and the court may decide how and when your community service will be completed. The possibility of jail time becomes much more severe for a second DWI conviction. The court may sentence you to at least 48 hours and up to 90 days behind bars. Finally, you will lose your license for no less than a year and no more than 2 years.

Third DWI or More

People facing a third or subsequent DWI might be in especially serious trouble, as the penalties may become extremely harsh and have a years-long impact on your life. According to § 39:4-50(a)(3), drivers convicted of a third DWI may be fined no less than $1,000. To make matters worse, you may be sentenced to jail for at least 180 days, or about 6 months. People sentenced to such long jail terms often lose their jobs and possibly their housing if they cannot continue paying rent from behind bars. Finally, a driver convicted of a third DWI may lose their license for 8 whole years.

How and Where the Police Might Stop You for a DWI in McKee City

A major detail you must discuss with your lawyer is where and how the police stopped you before you were arrested for an alleged DWI. If the police did not follow proper procedures or somehow violated your rights, evidence obtained during that stop might be inadmissible in court.

Checkpoints

DWI checkpoints are a common method law enforcement uses to stop all drivers passing through a designated stretch of road or highway. The police often have a system in place for checking drivers for signs of intoxication. For example, they might stop every third driver and ask them some questions while letting others pass.

The police must have a valid reason for setting up a checkpoint. For example, if the police know that there are more intoxicated drivers on a particular road on Friday and Saturday nights, they can use this as a reason to set up a checkpoint on that road on the weekends. McKee City is very close to Atlantic City. During the summer season, intoxicated drivers become a huge problem for the Jersey Shore area, including McKee City. As such, checkpoints are not uncommon.

Routine Traffic Stops

Many other drivers are stopped and questioned as part of routine traffic stops. The police cannot pull people over randomly or for arbitrary reasons, such as having a red car or being a young-looking driver. They must have reasonable suspicion to stop you. This might include observing you commit a traffic violation, like speeding, running a stop sign, or reckless driving.

After the police pull someone over, they need additional evidence of intoxication before they can arrest them. More specifically, the police need probable cause to arrest you for a DWI. Factors considered when determining probable cause may include the smell of alcohol, swerving on the road, rate of speed, slurred speech, field sobriety tests, and more. There is no single way to define probable cause, which is often unique to each case.