Newfield, NJ DUI + DWI Lawyer

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Drunk driving is one of the most heavily policed offenses in New Jersey. State and local police look for signs of drunk driving all over the Newfield area to stop drivers, investigate them for potential DUI/DWI, and charge them. If you are facing charges for drunk or drugged driving, our lawyers can help.

Our attorneys represent people charged with drunk and drugged driving offenses, seeking to potentially get charges dropped if the prosecution’s evidence is lacking, to challenge test results and traffic stops, and to ultimately help you move forward with your life and put these charges behind you.

For help with your case, call our DUI/DWI lawyers at Lombardo Law Group today at (609) 418-4537 for a free case evaluation.

Types of Drunk and Drugged Driving Offenses in Newfield, NJ

In New Jersey, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are virtually interchangeable when it comes to drunk driving charges. No matter what you call it, drunk driving charges come under N.J.S.A. § 39:4-50(a), which makes it a crime to drive with a blood alcohol concentration (BAC) over .08. Additionally, this law makes it illegal to drive while under the effects of drugs or alcohol at all, meaning that you can be charged with DWI even if your BAC was not recorded or you were actually under the “legal limit” of .08.

Drugged driving is more commonly called DUI, given that “intoxication” usually is not used for drugs. Even so, driving while under the effects of drugs is illegal under the same code section and subsection discussed above. In these cases, a blood test is often used to confirm the presence of drugs in your system, but there is no requirement that there be a scientific test to establish the presence of drugs before charging you.

There is one final way you can be charged with DUI/DWI, and it strangely applies even when you were not driving. Under this same code section and subsection, it is also illegal to let someone else drive your car while they are drunk. For example, leaving a bar and giving your keys to your friend – who you know is just as drunk as you are – would also be illegal.

Penalties for Drunk Driving “Tiers” in Newfield, NJ

The way that NJ’s DUI/DWI law is set up, there are essentially 3 “tiers” of drunk driving offense and 1 “tier” of drugged driving offense:

Lowest Tier

Drunk driving with a BAC of .08 or higher but under .10 is the lowest tier. This also encompasses DWI charges without a BAC or with a BAC under .08 – often called “general intoxication.” This comes with the lowest penalties, but there is still a fine, license suspension, MVC surcharges, ignition interlock installation, and driving courses to deal with as penalties.

For a low-tier DWI, your license is suspended for 3 months, and fines are $250-400.

In many cases, the use of an interlock is voluntary and can shorten the license suspension.

Mid-Tier DWI/Drug DUI

When your BAC is at least .10 but lower than .15, the penalties for your first offense go up. This mostly includes a higher fine and longer license suspension, with fines of $300-500 and a suspension of 7 months to 1 year.

Drug-based DUIs have the same penalties, though there is no interlock requirement because interlocks do not test for drugs. Instead, your license is just suspended.

High-Tier DWI

For a BAC of .15 or higher, the main difference is that the suspension comes even when you do use an interlock. Otherwise, fines and penalties are virtually the same as for the middle tier.

Fighting DWI Charges in Newfield, NJ

When getting arrested for DWI, it is important to know your rights. You do not have to say anything, and you do not have to participate in field sobriety tests or pre-arrest “presumptive” breath tests. However, you do have to turn over your license and registration when asked, and you have to participate in a post-arrest BAC test (usually a breath test) and can face penalties if you do not, including an automatic license suspension for failing to provide a breath test.

If the police violated your rights by stopping you or arresting you without the necessary proof required, evidence can be thrown out. Police cannot stop you without “reasonable suspicion” unless they do so at a DWI checkpoint that was set up under proper protocols with proper notice. Moreover, they cannot arrest you without “probable cause.” If they cannot provide sufficient evidence that they met these standards at the time of the stop/arrest – not after – then we can have the stop/arrest and any evidence obtained thereafter thrown out.

Additionally, searches – such as a chemical breath test – cannot be performed without probable cause, either. However, police can look into the driver’s area of the car, and they can use evidence they can see against you – such as drugs or empty beer cans – as long as the initial stop was legal.

Penalties for Repeat DUI/DWI Offenses in Newfield, NJ

When you are arrested for a second or third DWI/DUI, your penalties go up. Subsequent DWIs/DUIs beyond a third are given the same potential penalties as a third DWI/DUI.

With a second offense, the fines go up to a $500-1,000 range, and for third or subsequent violations, the fine is $1,000. Keep in mind that when we have a range of potential sentences, this means that the judge sets the final fine in your case somewhere within that range. With repeat offenses, the judge might see a quick repeat offense as worse than, say, a second DUI 8 years after the first.

While your driving record is permanent and the police, prosecutors, and judges can look back years on your record for repeat DWI/DUIs, they only count for purposes of sentencing a “repeat” offense if the previous offenses were within the last 10 years. This means that an indiscretion when you were 21 should not increase your fines if you get a second DWI in your 40s.