New Jersey DWI Defense Attorneys
New Jersey DWI FAQs
What constitutes a DWI in New Jersey?
DWI stands for "driving while intoxicated" and DUI means "driving under the influence." Both terms are used interchangeably and they carry the same weight in a court of law. Driving under the influence is a traffic violation, not a criminal charge. You can be convicted of driving under the influence in New Jersey in two ways: Under the Influence: This means that after drinking too much alcohol, your driving was impaired to such an extent that you were unable to legally perform your driving duties. Blood Alcohol: If your blood alcohol level is above 0.08% you are automatically guilty of being over the limit to be able to drive. You can be convicted of a DWI in New Jersey if your blood alcohol was over this limit even if it did not apparently affect your driving performance.What are the punishments for a DWI in New Jersey?
For all DWI cases your car can be impounded by the police under a New Jersey law known as "John's Law."
First offenders for New Jersey DWI face:
- Fines between $250.00 and $400.00
- Alcohol awareness courses at New Jersey's Intoxicated Driver Resource Center (IDRC) must be attended as well, from 12 to 48 hours worth of classes
- $100 fine to the IDRC
- $50 fine to the Violent Crimes Compensation Board (VCCB)
- $75 fine to the Safe Neighborhood Fund Assessment
- Up to 30 days in jail
- Loss of driving license for three to twelve months with no driving privileges
Second Offenses are more serious and second DWI convictions include:
- Fines from $500 - $1,000.00
- Community service for 30 days
- IDRC classes for 12 to 48 hours
- $100 fine from the IDRC
- $50 fine to the VCCB
- $75 fine to the Safe Neighborhood Fund Assessment
- Jail time up to 90 days
- Loss of driving license for two years
For people who violate New Jersey's DUI laws three or more times:
- Fine of $1000
- IDRC courses for 12 to 48 hours
- $100 fine to the IDRC
- $50 fine to the VCCB
- $75 fine to the Safe Neighborhood Fund Assessment
- Jail time of 180 days
- Loss of driving license for 10 years
If I lose my license can I at least drive to work?
No. Even if you live in a rural area all of your driving privileges will be taken away from you and you will have to find alternative methods of traveling.
Should I hire a Lawyer?
Hiring an experienced DWI Attorney who is well versed in New Jersey's drinking and driving laws is one of the most important things you can do if you are facing a DWI conviction. Because the punishments for DWI are so severe, only the most solid cases are likely to result in a DWI conviction.
A New Jersey DWI lawyer from our firm will analyze every single aspect of your case to ensure that you are defended to our best ability. Each moment of a DWI situation is important to bring forth and analyze before a judge. Persons whose rights have been infringed on, people who were given faulty tests, pulled over for no reason, or who may have not even been drinking are all common defenses and problems with potential DWI cases.
I've heard of extravagant lawyer fees for a DWI attorney, how much do you cost?
Our New Jersey drunk driving defense lawyers are some of the only ones in the state who give free consultations on your first meeting. You should ask several questions of us and we will ask several of you. There is no obligation and we will advise you on your rights and any potential defenses that you may have on your side.
Every DWI case costs a different amount but we will be upfront about all fees that you will owe to us. We have worked out several payment systems for our clients that suit their abilities to pay us. Avoiding a DWI conviction can often be worth any amount of money but we think you will find our attorneys affordable and professional.
Are there any additional fines and punishments that I face for a DWI in New Jersey?
Each New Jersey DUI case is different but there are several factors which may mean additional fines, jail time or other punishments. Some common factors which may result in greater punishments for you include:
- DWI in a school zone
- Driving with a suspended license
- Driving without a license
- Being under the age limit for drinking alcohol (21)
- Refusing to take a breath or blood test
- Prior criminal driving history
- Property damage was involved
- Any other person was injured or killed
How can I avoid jail time and losing my license?
The only way to ensure avoiding a DWI is by never drinking and driving. A competent New Jersey DWI Lawyer from our firm can also help you ensure that you get a fair defense.
The state must always prove a difficult case in every DWI conviction. Our job is to ensure that every single element of your DWI arrest and conviction was done legally. If any element was not performed to the exact letter of the law or if there is any doubt whatsoever about your guilt, any and all punishments and fines against you can be dropped from your record forever.
If you or a loved one has been accused or arrested for a DWI in New Jersey, contact Lependorf & Silverstein today for a free consultation.
