Freehold New Jersey DUI/DWI Attorneys
Defending the accused in New Jersey driving under the influence cases
New Jersey takes driving under the influence (DUI) of drugs or while intoxicated (DWI) very seriously and imposes harsh penalties for violations. At Lomurro Law, our New Jersey DUI/DWI lawyers regularly represent clients in criminal matters throughout New Jersey and have the trial advocacy education and experience necessary to develop a comprehensive defense strategy designed to protect your rights and minimize the consequences of DUI/DWI charges.
What are the penalties for a DUI/DWI in New Jersey?
New Jersey’s DUI/DWI laws are complex, with the penalties for violations depending on a variety of factors, including whether there are prior DUI/DWI convictions, the type of license held and the individual’s age and blood alcohol concentration (BAC).
The penalties for a DUI/DWI are:
- First offense for a driver 21 years or older with a BAC greater than 0.08% but less than 0.10% — 3 month license suspension, fines of $250-$400, 12-48 hours of required alcohol and highway safety education at an Intoxicated Driver Resource Center (IDRC training), an insurance surcharge of $1,000/year for three years and up to 30 days in jail.
- First offense for a driver 21 years or older with a BAC greater than 0.10% — License suspension for 7-12 months, mandatory fines of $300-$500, 12-48 hours of IRDC training, insurance surcharge of $1,000/year for three years and up to 30 days in jail.
- Second offense — License suspension for 2 years, fines of $500-$1,000, 12-48 hours of IRDC training, insurance surcharge of $1,000/year for three years, potential for 30 days of community service and 2 to 90 days in jail.
- Third offense— License suspension for 10 years, a fine of $1,000, 12-48 hours of IRDC training, insurance surcharge of $1,500/year for three years, a maximum of 90 days community service and up to 180 days in jail.
- Commercial drivers — The legal BAC limit for commercial drivers is lower — 0.04% — and a conviction carries the same penalties as a regular license, plus the suspension of the driver’s CDL license, and the potential loss of commercial employment.
- Drivers under age 21 — Drivers under the legal age of 21 who are charged with DUI/DWI face serious, long-lasting consequences if convicted. See our Underage DUI/DWI page for more information.
- Ignition interlock device (IID) — An IID is essentially a breathalyzer attached to the dashboard or other location inside the car that a driver must breathe into before starting the vehicle and that will not allow the engine to start if a driver’s BAC is above a certain amount. An IID is required —
- At the discretion of a judge for those with a single DUI/DWI conviction for a BAC below 0.15%;
- Mandatory IID For anyone convicted with a BAC of 0.15% or higher; and
- Mandatory IID For those with a second, third or subsequent DUI/DWI conviction.
Officers have a number of tools available to help determine whether a driver is under the influence of drugs or alcohol.
- Field sobriety tests (FST’s) — Officers use FSTs, such as walking and turning on a straight line or standing on one leg, to help gauge a person’s sobriety and ascertain whether reasonable cause exists to arrest a driver for DUI/DWI. Although police do not have to advise you of the fact, there is no law in New Jersey which requires drivers to perform an FST.
- Breathalyzer test — Under New Jersey’s implied consent law, when drivers receive their license, they implicitly agree to submit to a breath test if pulled over on suspicion of a DUI/DWI. Thus, refusing to take a breathalyzer test is a separate charge, subject to fines and automatic license suspension in addition to those related to the DUI/DWI.
Trust our tough Freehold New Jersey DUI/DWI lawyers
A DUI/DWI conviction can seriously affect your life for years following the offense. Police often make mistakes when stopping a vehicle, administering sobriety or breathalyzer tests and arresting a driver. Our skilled New Jersey DUI/DWI attorneys use our experience to analyze every aspect of your case for potential mistakes and create a strong legal defense to protect your rights. Contact our New Jersey DUI/DWI lawyers today (732) 414-0300 or contact us online for a consultation.