DWI Attorney in New Brunswick, NJ

A Certified Criminal Trial Attorney & a Super Lawyers Honoree. Both Work Your Case Personally.

At Roberts & Teeter, LLC, both partners personally handle every DWI case. Michael B. Roberts holds the designation of Certified Criminal Trial Attorney, issued by the New Jersey Supreme Court to attorneys who demonstrate exceptional competence in criminal litigation. Matthew Teeter was selected to the New Jersey Super Lawyers list in both 2025 and 2026 for criminal defense, a recognition awarded to no more than 5% of New Jersey attorneys in any given year, and he limits his practice entirely to criminal and DWI matters. When you call us, you work directly with one of them, not an associate or paralegal. Our New Brunswick office serves clients throughout Middlesex County.

A DWI charge moves fast. Evidence degrades, deadlines arrive, and the prosecution starts building its case from the night of the arrest. Both attorneys focus exclusively on criminal law, which means we know New Jersey DWI procedure thoroughly and can act quickly to protect your options. We offer free consultations and work to make quality defense affordable for the people who need it.

Facing a DWI charge? We offer free consultations, affordable services, and are available 24/7. Contact a DWI attorney in New Brunswick now to protect your future. Call (732) 607-5553 or reach out online.

Understanding DWI Law in New Jersey

In New Jersey, Driving While Intoxicated (DWI) is defined under N.J.S.A. 39:4-50. A person commits this offense by operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, or with a blood alcohol concentration (BAC) of 0.08% or greater.

What the State Must Prove

To convict you of DWI, the state must prove two core elements beyond a reasonable doubt. First, that you operated a motor vehicle, meaning you were in actual physical control of the vehicle. This element can be contested in cases where someone is found in a parked car with the keys in the ignition. Second, intoxication, established in one of two ways:

• Per se DWI: The state proves your BAC was 0.08% or greater, based on an Alcotest or blood test result.
• Subjective DWI: The state proves you were under the influence of alcohol or drugs and that your mental or physical faculties were substantially impaired, even if your BAC was below 0.08%. This is typically proven through an officer’s observations and your performance on field sobriety tests (FSTs).

How DWI Cases Are Prosecuted

The prosecution’s case typically relies on police officer observations of your driving, your FST performance, and the results of a breath or blood test. Much of this evidence is subjective and frequently challengeable. Importantly, while New Jersey now permits plea agreements in DWI cases, a significant change that took effect in February 2024, plea bargaining isn’t guaranteed and depends on the prosecutor’s recommendation. Attacking the evidence directly remains one of the most powerful paths to a reduced charge or dismissal.

DWI Charge Classifications in New Jersey

New Jersey doesn’t classify DWI as a felony or a misdemeanor; it’s considered a serious traffic offense. Penalties escalate significantly based on your BAC level and the number of prior convictions.

First Offense

Penalties for a first offense depend on your BAC at the time of arrest:

• BAC of 0.08% to 0.10%: A fine of $250 to $400, up to 30 days in jail, license suspension until an ignition interlock device (IID) is installed, and mandatory IID use for 3 months.
• BAC of 0.10% to 0.15%: A fine of $300 to $500, up to 30 days in jail, license suspension until an IID is installed, and mandatory IID use for 7 to 12 months.
• BAC of 0.15% or higher: A fine of $300 to $500, up to 30 days in jail, a license suspension of 4 to 6 months, and mandatory IID use during the suspension period and for 9 to 15 months after.

Second & Subsequent Offenses

• Second offense within 10 years: A fine of $500 to $1,000, a mandatory jail term of 48 hours to 90 days, a license suspension of one to two years, and mandatory IID use for two to four years after your license is restored.
• Third or subsequent offense within 10 years: A fine of $1,000, a mandatory 180-day jail term, an eight-year license suspension, and mandatory IID use for two to four years after your license is restored.

A DWI charge can also be filed alongside other offenses, such as reckless driving or possession of a controlled substance, increasing your total exposure. A breath test refusal under N.J.S.A. 39:4-50.4a carries its own separate penalties, including license suspension and fines, independent of whether you were found to be intoxicated.

The Consequences of a DWI Conviction in New Jersey

A DWI conviction in New Jersey triggers a web of direct penalties and collateral consequences that can follow you for years.

Direct Penalties

• Incarceration: Jail time ranges from up to 30 days for a first offense to a mandatory 180 days for a third offense.
• Fines and Surcharges: Court fines can reach into the thousands of dollars. You’ll also face mandatory Motor Vehicle Commission (MVC) surcharges of $1,000 per year for three years, plus other mandatory fees.
• License Suspension: Your driver’s license can be suspended anywhere from a few months to eight years, depending on your BAC and prior conviction history.
• Ignition Interlock Device (IID): You’ll be required to install an IID on your vehicle, even for a first offense. The device prevents your car from starting if it detects alcohol on your breath.
• Intoxicated Driver Resource Center (IDRC): All DWI offenders must attend and complete an IDRC program. The length depends on the number of prior convictions.

Collateral Consequences

A DWI conviction can make it difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies, and landlords often deny applications from those with a DWI record. A conviction can also carry severe immigration consequences, and the social stigma can damage personal and professional relationships for years beyond the sentence itself.