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DUI/DWI

DUI/DWI

In New Jersey, Driving While Intoxicated is not classified as a crime, however it carries penalties upon a conviction that reflect a criminal offense. These penalties include but are not limited to the suspension of your license, excessive fines, and potential jail time. In New Jersey, plea bargains are not permitted in DUI cases, which means the only way to fight a DUI is to find weaknesses in the state’s case, which could result in a lesser charge or complete dismissal. It is imperative that you retain an attorney to mount a defense and fight back on these charges.

Contact our office today at 732-431-9188 to discuss the facts of your case with our attorneys.

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DRIVING WHILE INTOXICATED

A person is guilty of driving while intoxicated when they are found to be operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It is also a violation for a person to be found operating a vehicle under the influence of a drug. In addition, you can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated law.

Any DWI charges resulting from an accident can increase the following penalties. In addition, if a minor was also in the vehicle upon a DWI charge, other criminal charges can come about including child endangerment.

1st offense DWI

BAC between 0.08% – 0.10%

  • Loss of your driving privileges for 3 months until interlock is installed.
  • Jail up to 30 days.
  • Between $250 and $400 in fines.
  • A $1,000 annual automobile insurance surcharge for 3 years.
  • Other fees and surcharges in excess of $525.
  • Possible Ignition Interlock requirement for six to twelve months.
  • Two days of 6-hour mandatory alcohol classes at an Intoxicated Driver
  • Resource Center (IDRC).

BAC over 0.10%

  • $500 fine
  • Jail between 10 to 90 days
  • Additional 1-2 year suspension of driving privileges
  • $100 Drunk Driving Enforcement Fund Fee
  • $100 Restoration Fee
  • $100 Intoxicated Driver Program Fee
  • $50 Violent Crimes Compensation Fund Fee
  • $75 Safe and Secure Community Program Fee

If in a school zone

  • Subject to an additional $500 to $800 fine
  • Up to 60 more days of jail time
  • Driving Privileges suspended for an additional 1 to 2 years

2nd offense DWI

  • Driving privileges suspended for 1 to 2 years
  • Jail up to 90 days.
  • $500-$1,000 fine
  • 30 days of community service
  • Interlock Device installed in vehicle for 2-4 years.
  • A $1,000 annual automobile insurance surcharge for 3 years.
  • Mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).
  • $100 Drunk Driving Enforcement Fund Fee
  • $100 Restoration Fee
  • $100 Intoxicated Driver Program Fee
  • $50 Violent Crimes Compensation Fund Fee
  • $75 Safe and Secure Community Program Fee
DUI-DWI

3rd offense DWI

  • Driving privileges suspended for 8 years
  • Jail up to 180 days.
  • $1,000 fine
  • 30 days of community service
  • Interlock Device installed in vehicle for 2-4 years.
  • A $1,500 annual automobile insurance surcharge for 3 years.
  • Mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).
  • $100 Drunk Driving Enforcement Fund Fee
  • $100 Restoration Fee
  • $100 Intoxicated Driver Program Fee
  • $50 Violent Crimes Compensation Fund Fee
  • $75 Safe and Secure Community Program Fee

Refusal to Submit to Breath Test

Under New Jersey’s implied consent laws, you are required to submit to a breathalyzer test in the police station. If you refuse to do so you can be charged with what is called a refusal. Be aware that you must affirmatively agree to take the breath test in order to not be deemed as a refusal. Any doubt or reluctance can and will be used by law enforcement to charge you with a refusal.

You can be charged with both a refusal AND a DWI even if you do not take a breathalyzer test due to your refusal. This means you now have 2 separate DUI charges to fight.

PENALTIES FOR REFUSAL

  • License Suspension for 7 Months
  • $300 to $2,000 in fines
  • IDRC Classes

Our firm will challenge every aspect of your case from the initial stop by law enforcement, to the administration of the breath test.

At all times, our goal is to minimize the difficulties caused by this charge. We approach drunk driving defense cases constitutionally, being mindful and alert to any error made in the search, arrest or testing procedures. We are adept at identifying field sobriety test, blood test and breath test mistakes. If we are unable to have the charges dismissed outright, our attorney works to mitigate the severity of any punishment arising from a conviction — including expungement of a conviction from your criminal record. We also are available to represent our clients in administrative hearings relating to license suspension and ignition interlock device installation.

When your driving privileges are on the line, turn to The Law Offices of Douglas I. Krompier located in Monmouth County. We are family lawyers as well as criminal defense lawyers. Call (732)431-9188. Or email us with a brief description of your situation.

Criminal Defense Practice Areas

Criminal Defense

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