A DWI or DUI charge has the potential to severely impact your ability to access opportunities in the future. The best thing that you can do to reduce the severity of the consequences you could face is to hire a lawyer to represent you as your case moves through the legal system.
If you or someone you know is currently facing DWI or DUI charges in the State of New Jersey, you’re encouraged to get in touch with Linwood DUI + DWI lawyer Joseph Lombardo to discuss your case. Joseph Lombardo brings years of experience defending Linwood drivers against DWI charges to all of the clients he works with. Get in touch with him soon to schedule a free consultation. Call the Lombardo Law Group, LLC, at (609) 445-4300 to discuss your case today.
Being Charged with a DWI in Linwood, NJ
Linwood drivers will be charged with a DUI or DWI if they drive while their blood alcohol concentration (BAC) is above a certain limit. Linwood residents should note that DWI charges are the same as DUI charges in the state and that the terms are often used interchangeably.
Most drivers will face DWI charges if they drive while they have a BAC that is 0.08% or above or drive while they are under the influence of a substance such as a narcotic, hallucinogenic drug, or habit-producing drug. The BAC threshold that will result in a DWI/DUI charge is much lower for drivers that are under the age of 21; they will be charged with a DWI if they drive while their BAC is 0.01% or above. Commercial drivers are also subject to a lower BAC threshold; if commercial drivers operate their vehicle with a BAC that is above 0.04%, they are likely to face DWI/DUI charges.
Penalties for a DWI in Linwood
DWI penalties are dependent on drivers’ BAC levels and the number of DWI charges that they have faced in the past. Other factors can impact the severity of the penalties that drivers will face, including driving with an open container of alcohol in the car, driving with a suspended license, or driving while intoxicated with a child in the car.
DWI charges never leave a driver’s record; there is nothing that they can do to remove if for the remainder of their life. However, there is a 10-year roll back rule that drivers should be aware of. If a driver goes ten years without another DWI arrest following their first one, their next DWI will be treated as their first one.
Penalties for a First DWI Offense
Penalties for a first DWI or DUI offense in Linwood are categorized by tiers determined by the driver’s BAC level. A Tier I first offense is charged against drivers that had a BAC between 0.08% and 0.10% at the time of their arrest and includes the following penalties:
- Temporary license suspension until an ignition interlock device is installed
- Imprisonment for 30 days
- Participation in a program offered by the Intoxicated Driver Resource Center
- A fine ranging between $250 and $400, as well as payments to a drunk driving fund, the Alcohol Education and Rehabilitation Fund, the Motor Vehicle Commission, and the Neighborhood Services Fund
A Tier II first offense is charged against drivers that had a BAC between 0.10% and 0.14% at the time of their arrest and includes the following penalties:
- Temporary license suspension until an ignition interlock device is installed
- Imprisonment for 30 days
- Participation in a program offered by the Intoxicated Driver Resource Center
- A fine ranging between $300 and $500, as well as payments to a drunk driving fund, the Alcohol Education and Rehabilitation Fund, the Motor Vehicle Commission, and the Neighborhood Services Fund
A Tier III first offense is charged against drivers that had a BAC above 0.14% at the time of their arrest and includes the following penalties:
- Between 4 and 6 months of license suspension
- Installation of an ignition interlock device
- Imprisonment for 30 days
- Participation in a program offered by the Intoxicated Driver Resource Center
- A fine ranging between $300 and $500, as well as payments to a drunk driving fund, the Alcohol Education and Rehabilitation Fund, the Motor Vehicle Commission, and the Neighborhood Services Fund
Penalties for a Second DWI Offense
The penalties for a second DWI/DUI offense are more severe than those that come from a first offense. They include:
- Between 1 and 2 years of license suspension
- Installation of an ignition interlock device
- Imprisonment for up to 90 days
- Participation in a program offered by the Intoxicated Driver Resource Center
- A fine ranging between $500 and $1,000, as well as payments to a drunk driving fund, the Alcohol Education and Rehabilitation Fund, the Motor Vehicle Commission, and the Neighborhood Services Fund
Penalties for a Third DWI Offense
The penalties that come with a third DWI/DUI offense are the most severe and include the following:
- License suspension lasting up to 8 years
- Installation of an ignition interlock device
- Imprisonment for up to 180 days
- Participation in a program offered by the Intoxicated Driver Resource Center
- A fine of $1,000, as well as payments to a drunk driving fund, the Alcohol Education and Rehabilitation Fund, the Motor Vehicle Commission, and the Neighborhood Services Fund
Schedule a Free Consultation with an Experienced Linwood, New Jersey DUI + DWI Defense Lawyer
Get in touch with Linwood DUI + DWI lawyer Joseph Lombardo as soon as possible to schedule a free consultation and discuss your options regarding your DUI or DWI. Call (609) 445-4300 to learn more about the experience that Joseph Lombardo can bring to your Linwood, NJ DUI or DWI case.
