Alcohol is not illegal, and many people safely enjoy a drink or two on a night out or relaxing at home. However, deciding to drive after drinking is never a good idea and might lead to criminal charges for driving while intoxicated (DWI).
DWI charges can have nasty ripple effects across your entire life. Not only will you face fines and penalties against your driver’s license, but incarceration is also possible under certain circumstances. How you are charged depends on several factors, including your history of DWIs, if any, and your blood alcohol concentration (BAC). How you should defend yourself against your DWI charges depends on the details of your case and the evidence against you. Challenging testing methods and the procedures used by police are often good places to start. Contrary to what some might believe, chemical testing is mandatory under New Jersey’s implied consent laws, and refusing to submit to testing can lead to additional charges and penalties.
If you were charged with a DWI, our Hammonton, NJ DWI lawyers can help you fight the charges and avoid legal penalties. For a free review of your case, call the Lombardo Law Group, LLC at (609) 445-4300.
DWI Charges in Hammonton, NJ
There are numerous possible penalties for DWIs under N.J.S.A. § 39:4-50. Generally, your charges and penalties will vary based on how many previous DWIs are on your record and your BAC. If you have prior DWI convictions and your BAC was very high during the traffic stop, your penalties are likely to be much greater. In any case, you can contact our Hammonton, NJ DWI attorneys for help handling your charges.
First Offense
If you are facing charges for your first DWI, the penalties are likely to be less severe than someone facing their second or third DWI. Even so, the penalties can be very harsh, and you should speak to our Hammonton, NJ DWI lawyers about what you should do as soon as possible.
Drivers with a BAC of at least .08% but less than .10% will face fines of at least $3,250 but less than $400. In addition, someone pulled over for a DWI might be detained for at least 12 but not more than 48 hours. You might also be sentenced to up to 30 days in jail at the court’s discretion. You might also lose your driver’s license until you install an ignition interlock device in your vehicle.
If you allegedly had a BAC of at least .10% or higher or drugs were involved, the fines increase to at least $300 but less than $500. Again, you can also be detained for at least 12 but less than 48 hours. Upon conviction, the court has the discretion to sentence you to 30 days in jail.
If drugs are involved, you might lose your license for at least 7 months but less than 1 year. If your BAC was at least .10% but less than .15%, you will also lose your license until you install an ignition interlock device in your car. If your BAC was .15% or greater, you might lose your license for at least 4 months and up to 6 months following the installation of an ignition interlock device.
Second Offense
For a second offense, the penalties will increase and become harsher. Fines for a second DWI are at least $500 but not more than $1,000. Additionally, defendants might be ordered by the court to perform 30 days of community service. At the court’s discretion, a convicted defendant might also face at least 48 hours in jail but not more than 90 days. A second DWI will also cost you your driver’s license for at least 1 year but not more than 2 years.
Once you become eligible to have a driver’s license again, it is not reinstated automatically. Instead, you must reapply for a driver’s license with the New Jersey Motor Vehicle Commission. Your application may or may not be granted at the discretion of the Chief Administrator of the Commission. Our Hammonton, NJ DWI lawyers can help you fight the charges, avoid penalties, and hopefully keep your license.
Third and Subsequent Offenses
A third or subsequent DWI is punished especially harshly, and convincing the court to show leniency might be harder. For a third DWI conviction, you will be fined $1,000 and sentenced to at least 180 days in jail. If you agree to participate in drug or alcohol rehabilitation programs, your jail time might be reduced by as much as 90 days. At this level, the potential jail time becomes very significant.
In addition, you will lose your driver’s license for a much longer period. After a third or subsequent DWI, you will lose your license for 8 years. You will also be required to install an ignition interlock device in any vehicle you own.
Defending Yourself Against DWI Charges
How our Hammonton, NJ DWI lawyers help defend you depends on the facts of your case. One method is to examine the procedures followed by law enforcement when you were pulled over and arrested for a DWI. The police must establish sufficient probable cause to arrest anyone. Although there is no exact definition of probable cause, it requires some articulable evidence that shows a crime was committed and the suspect is the perpetrator.
In DWI cases, probable cause might include slurred speech, an odor of alcohol, and erratic driving. If the police cannot articulate any such probable cause, we can challenge your arrest and any evidence that might have been obtained incident to the arrest, like a BAC level.
We can also challenge the chemical testing methods employed by law enforcement. Chemical testing, often a breath test, is mandatory under New Jersey’s implied consent laws. Even so, the police cannot force you to submit to testing. However, they must warn you of the consequences should you refuse. If the police force you to submit to testing or fail to advise you of the consequences of refusing, we can challenge your charges for refusal.
Speaking of chemical testing, even if you agree to submit to testing, the test might have been performed improperly, and the results might not be accurate. Our attorneys can demand evidence demonstrating when the testing equipment was last inspected or calibrated. If there is any indication the testing methods or equipment were unreliable, we can challenge the BAC results and your charges.
Cal Our Hammonton, NJ DWI Lawyers for a Free Case Review
If you are facing DWI charges, our Hammonton, NJ DWI lawyers can help you defend yourself and keep your driver’s license. For a free case evaluation, call the Lombardo Law Group, LLC at (609) 445-4300.
