A DWI or DUI charge can put your future at risk. If you are convicted of a DWI or DUI in Vineland, you face not only large fines and jail time but also a stain on your record that can keep you from getting opportunities such as jobs or housing. A DWI or DUI can even have an impact on your personal relationships. If a DWI or DUI has been charged against you, the best thing you can do is enlist the help of an experienced attorney.
Call Vineland DUI + DWI defense lawyer Joseph Lombardo if you’re seeking legal help for your DUI or DWI charge. He is committed to defending clients by challenging evidence and crafting strategic defenses. You can schedule a free consultation at any time by calling the Lombardo Law Group, LLC, at (609) 445-4300.
Understanding Charges for DWI or DUI in Vineland, NJ
Charges for driving while intoxicated (DWI) and driving under the influence (DUI) exist under the same statute in New Jersey and carry the same penalties. DWI charges are made against people that drive while under the influence of drugs (which may be marijuana, heroin, cocaine, or prescription painkillers), while DUI charges are made against people that drive while intoxicated by alcohol. Though the two terms technically mean different things, they are often used interchangeably.
In Vineland, NJ, it is illegal to drive with a blood alcohol content of 0.08% or higher if you are over the age of 21; doing so will result in a DUI. Drivers that are under the age of 21 will be charged with a DUI if their blood alcohol content is above 0.01%. Commercial drivers are subject to an exception to this rule: it is illegal for them to drive with a blood alcohol content that is above 0.04%. It’s important to note that police officers are able to test drivers for alcohol using a breathalyzer test, but there is no equivalent test for drivers suspected of being under the influence of drugs.
An experienced DUI + DWI defense lawyer can help you following your arrest by challenging any evidence presented against you. A lawyer can make sure that the breathalyzer test you took was administered properly by a trained officer, and they can craft a defense for you, advocate for your rights throughout the legal process, and negotiate for reduced penalties on your behalf.
Penalties for a Vineland, NJ DWI or DUI Charge
The penalties you can face for a DWI/DUI charge depend on your BAC while you were driving and the number of DWI/DUI charges you’ve had in the past. If you were driving with an open container of alcohol in the car, driving with a suspended license, or had a child in the car, you can expect to face aggravated penalties. It’s also important for drivers to note that a DWI or DUI will never leave their records. However, if ten years pass after a first offense with no other charges, any subsequent offenses will be treated as a first offense, not a second one.
A first offense will be one of three tiers: Tier I offenses are for drivers who had a BAC of between 0.08% and 0.10%; Tier II is for drivers with a BAC of between 0.10% and 0.14%; and Tier III is for drivers who had a BAC above 0.14%. Penalties for all three offenses include mandatory use of an ignition interlock device, license suspension, up to 30 days of jail time, participation in an Intoxicated Driver Resource Center program, a fine up to $500, and other penalties paid to various groups and organizations.
A second DWI/DUI offense in Vineland, New Jersey carries penalties that include mandatory use of an ignition interlock device, between 48 hours and 90 days of jail time, between 1 and 2 years of license suspension, participation in an Intoxicated Driver Resource Center program, 30 days of community service, a fine of between $500 and $1,000, and other payments to various groups and organizations.
A third offense can carry up to 8 years of license suspension, mandatory use of an ignition interlock device, up to 180 days in jail, participation in an Intoxicated Driver Resource Center program, 90 days of community service, a $1,000 fine, and other financial penalties.
Penalties for Refusing a Breathalyzer Test in NJ
To determine the BAC of a driver, police officers will administer a breathalyzer test to some of the people they pull over. New Jersey is an implied consent state, which means that drivers automatically consent to undergo a breathalyzer test if they are suspected of driving while drunk or under the influence of drugs.
If a driver refuses to take a breathalyzer test, they may face consequences that are just as severe as those with a DWI/DUI charge. Penalties for refusing to take a breathalyzer test in Vineland, NJ include loss of a license for up to seven months and a fine of between $300 and $500, plus more severe penalties for second, third, and subsequent refusals.
Schedule a Free Consultation with Our Vineland DWI + DUI Lawyer Today
The best thing that you can do to decrease your chances of facing severe penalties for your DWI or DUI charge is to seek the help of a lawyer as quickly as possible. Vineland DUI + DWI defense lawyer Joseph Lombardo is prepared to help you fight your charges so that you can focus on protecting your bright future. Get in touch with Joseph Lombardo today by calling (609) 445-4300 and set up your free consultation.
