Charges for a DWI or DUI in New Jersey can take a serious toll on your life. You might lose your license and have no way to get to where you need to go. It can also be extremely embarrassing. While DWIs can be overwhelming and feel hopeless, you should still speak to an attorney about how you can defend yourself.
In New Jersey, drivers may be charged with a DWI or DUI if they are found to be driving with a blood alcohol concentration (BAC) of at least .08%. However, drivers can still be charged if their BAC is lower than the legal limit if the authorities believe they are too intoxicated to drive. Penalties may vary and are based on your BAC and driving record. Your penalties may be more severe if you have a higher BAC and previous DWIs. Whether you are facing your first charge or your most recent one, your lawyer can help you defend yourself.
Get a free case assessment from our DUI and DWI defense lawyers at the Lombardo Law Group, LLC when you call (609) 418-4537.
The “Legal Limit” for DUI and DWI Charges in Malaga, NJ
You have likely heard the phrase “legal limit” used when discussing DWI and DUI cases. This term refers to the minimum level of alcohol in a person’s system, measured by their BAC, necessary to charge them with a DWI or DUI. The legal limit in New Jersey and most other states is .08%. Many people do not realize that you do not always have to meet this legal limit to be charged with a DWI.
If someone is found to be driving with a BAC of at least .08%, they may be charged with a DWI per se. However, many people are too intoxicated to drive with a BAC somewhat lower than .08%. For example, someone with a much lower tolerance for alcohol might be charged if they cannot drive safely with a BAC of .06%.
The legal limit is different for drivers younger than 21, the legal age for drinking. According to N.J.S.A. § 39:4-50.14, anyone younger than 21 may not lawfully operate a motor vehicle with a BAC of .01% or more. This is an extremely low limit, and even a drink or two might put you over the limit. In short, underage drivers stopped with almost any amount of alcohol in their system risk DWI charges.
You can also be charged with a DUI or DWI for driving with controlled substances on your system rather than alcohol. Talk to our DUI and DWI defense lawyers right away if this is the case because penalties for these DWIs may be harsher. Since typical chemical testing does not indicate a precise level of drugs in a person’s system, you might be charged with any amount of drugs in your system as long as the authorities believe you are unable to drive safely.
Possible Penalties for DWI and DUI Charges in Malaga, NJ
The penalties for a DWI or DUI in New Jersey can be quite harsh, even for a first offense. According to N.J.S.A. § 39:4-50(a), penalties will vary based on the driver’s BAC measurement and history of DWIs. If you have a high BAC and numerous DWIs on your record, your penalties will likely be more severe.
Many drivers are concerned about losing their licenses. For a first offense, drivers might be able to keep their licenses if they install ignition interlock devices in their vehicles. These devices require drivers to blow into them so they can measure the alcohol on their breath. If any alcohol is detected, the device prevents the car from starting. Additionally, you must not drive any vehicle that does not have an ignition interlock device. The more DWIs on your record and the higher your BAC, the more likely you will lose your license.
Jail time is possible but tends to be minimal, at least for those with lower BACs facing their first DWI offense. However, someone facing their third offense may face at least 180 days in jail. On top of that, the fines continue to increase. A first offense may come with a fine of no less than $250, but it is possible to face fines of up to $1,000.
Defense Strategies for DWI and DUI Charges in Malaga, NJ
While DWIs can be daunting, you still have the right to defend yourself. With the help of an experienced attorney, it might be possible to get the charges dismissed, dropped, or reduced.
Challenging Your BAC Measurement
Your BAC measurement might be the lynchpin holding the case together. If there is a reason why the BAC measurements should not be trusted or allowed in court, talk about it with your lawyer. For example, if the police forced you to submit to testing – something they are not permitted to do – the BAC measurements may be excluded from the case. Alternatively, if the testing devices used to measure your BAC had not been properly maintained or calibrated, the measurements might be inaccurate, and we can challenge them in court.
Illegal Stops by the Police
When the police pull someone over, they must have a lawful reason. This usually means the police must be able to observe from outside the vehicle that a driver has committed a traffic violation or is driving dangerously. The police may not stop drivers at random or for arbitrary reasons. If you believe you were stopped for an unlawful reason, tell your attorney. If the court agrees that the stop was unlawful, any evidence obtained pursuant to the stop may be excluded.
Involuntary Intoxication
Perhaps you were intoxicated when the police pulled you over, but maybe it was not by your own choice. Although it is a somewhat less typical defense, drivers can argue that they were involuntarily intoxicated. This might mean someone spiked your non-alcoholic drink with an intoxicating substance behind your back. It might also mean someone tampered with your medication without your knowledge. If you think something like this happened to you before you were pulled over, tell your lawyer immediately.
Contact Our Malaga, NJ DUI and DWI Attorneys for Assistance
Get a free case assessment from our DUI and DWI defense lawyers at the Lombardo Law Group, LLC when you call (609) 418-4537.
