Passionate Defenders of Justice To Help You Pursue Truth & Second Chances

DWI Attorneys in New Jersey

Protecting Your Rights, Freedom & Driving Privileges

Driving while intoxicated (DWI) is one of the most serious traffic offenses one can be charged with. A conviction for a DWI will remain permanently on a driving record, as a DWI cannot be expunged.

In New Jersey, a person can be charged with driving while intoxicated when they operate a motor vehicle while under the influence of:

  • A narcotic
  • A hallucinogenic drug
  • Intoxicating liquor

If you've been charged for DWI, act quickly by contacting Roberts & Teeter, LLC today for your free consultation.

Did You Know?

  • The state of New Jersey does not plea bargain in DWI cases, which is why DWI matters need to be brought to trial.
  • A DWI charge can be dismissed by the prosecutor if they believe there is a lack of evidence to prove their case.
  • A DWI conviction is classified as a motor vehicle violation, not a crime. This is why a DWI conviction cannot be expunged.
  • In some cases, the state may prove their case solely on a police officer’s observations and without a blood alcohol level.
  • Driving in New Jersey is a privilege, not a right.
  • If a driver under the age of 21 has a blood alcohol level of 0.01% or more, they will be charged with driving while intoxicated.

N.J.S.A. 39:4-50 - Driving While Intoxicated in New Jersey

A person will be deemed intoxicated if they operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or more. A person can also be charged by permitting another individual, who is under the influence of drugs or alcohol, to operate an automobile owned by them or in their custody.

The penalties one can face when convicted of DWI are as follows:

  • First DWI (BAC is 0.08% or higher but less than 0.10%) - $250-$400 fines, detainment for 12-48 hours, up to 30 days in jail, and a 3-month license suspension
  • First DWI (BAC is 0.10% or higher, or under the influence of drugs) - $300-$500 fines, detainment for 12-48 hours, up to 30 days in jail, and a 7-12 month license suspension
  • Second DWI (BAC is 0.08% or higher, or under the influence of drugs) - $500-$1,000 fines, detainment for 12-48 hours, 30 days of community service, up to 90 days in jail, 2-year license suspension, and an ignition interlock device
  • Third DWI (BAC is 0.08% or higher, or under the influence of drugs) - $1,000 fine, detainment for 12-48 hours, 30 days of community service, no less than 180 days in jail, 10-year license suspension, and an ignition interlock device

* It is also important to understand that surcharges and Intoxicated Driver Resource Center (IDRC) fees are not included in the list above. If convicted, on top of the penalties listed above, there are numerous other fees associated with the conviction.

* If the driver is within 1,000 ft. of school property, or driving through a school crossing, the penalties will be increased. Certain criminal charges may be brought if a minor is a passenger in the vehicle.

Refusing to Submit to a Breath Test

In the state of New Jersey, any individual who operates a motor vehicle on any public road or highway is deemed to have given their consent to the taking of breath samples for the purposes of determining the amount of alcohol in their blood. The sample must be taken with proper procedure and made in accordance with the provisions provided by the state of New Jersey. The sample shall be taken upon the request of a police officer who has reasonable grounds to believe the driver was driving while intoxicated.

The state of New Jersey keeps a record of the test, including the date, time, and result. Upon request, a copy of the record shall be given to the person tested. No sample shall be taken forcibly or against physical resistance. If a person refuses to submit, the police shall inform them of the consequences of refusing to submit to the test.

If convicted, a person who refuses a breath test can receive penalties such as:

  • License suspension
  • Fines
  • Referral to an Intoxicated Driver Resource Center.

First-time offender fines range from $300 to $500, second-time offender fines range from $500 to $1,000, and third-time offenders will be fined $1,000. This does not include surcharges and IDRC fees that will apply.

In order to be convicted of refusing to submit to a breath test, the following needs to be proved:

  • The arresting law enforcement officer had probable cause to believe that the motor vehicle operator had been driving while intoxicated;
  • Whether the individual was placed under arrest; and
  • The person refused to submit to the test upon request by the officer.

Contact our skilled DWI attorneys in New Jersey today by calling (732) 607-5553. Call now and set up a free consultation with Roberts & Teeter.

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Spirited Legal Advocates

To Pursue the Best Possible Outcome
  1. Roberts & Teeter, LLC only handles matters and cases associated with criminal defense
  2. Our clients are not handed off to an associate; they work exclusively with the partners of the firm.
  3. The lawyers at Roberts & Teeter, LLC are dedicated to keeping clients informed about their cases
  4. Our team is available to help our clients with certain cases on the weekends
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