In 2014, there were over 9,967 people who were killed in drunk driving crashes. This has caused many states to enact zero tolerance laws, which are aimed at reducing and eliminating driving while under the influence of alcohol or any other intoxicating substance.
If you are facing a driving while under the influence charge in Avalon New Jersey then you should consider hiring an experienced DWI defense attorney. At the Law Offices of John J. Zarych, our DUI defense attorneys have more than 4 decades of combined experience handling DUI charges. We work to ensure that all of your rights were inspected, mistakes were not made. We fight aggressively to protect our clients from the full extent of DUI penalties in New Jersey.
DUI/DWI Laws in Avalon, NJ
New Jersey has taken an aggressive stance against drunk drivers and has designed their driving while under the influence laws to protect the general health and well-being of New Jersey Residents. The New Jersey law against driving while intoxicated driving is codified under N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50.4a. N.J.S.A. 39:4-50. These statutes provide that any individual who operates a motor vehicle while “under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood” is guilty of driving while intoxicated and subject to punishment. It is essential to note that an individual can also be charged with DUI even when his or her BAC is less than 0.08 percent. Likewise, permitting another person to operate a motor vehicle while having a BAC greater than 0.08 percent can also face charges. N.J.S.A. 39:4-50.4a is part of the drunk driving law that mandates punishment for drivers who fail to consent to a blood, breath, or another chemical test for DUI.
Penalties for DWI in Avalon, NJ
The penalties for drunk driving or driving under the influence of any other intoxicating substance in New Jersey can be quite severe. If you are found guilty in court then you may face fines, fees, community service, license suspension, and even jail. In addition you may be sentenced to attend an Intoxicated Driver Resource Center (IDRC). Alternatively, you may be required to install an ignition interlock device, IID, in your vehicle.
The specific penalties that you may receive if you are convicted of driving while under the influence depend on factors like whether or not you had a high BAC, whether it was your first offense, and whether you were under 21 years old at the time.
The penalties for a first-offense DWI with a BAC of at least 0.08%, but less than 0.10%, include the following:
- Sentence – Up to 30 days
- License Suspension – 3 months
- Community Service/IID/IDRC – 12 to 48 hours IDRC
- Fines and Fees
- General Fine – $250 to $400
- IDRC Fee – $230
- Drunk Driving Fund – $100
- Alcohol Education and Rehabilitation Fund (AERF) – $100
- Surcharge – $1,000/year for 3 years ($3,000 total)
- Neighborhood Services Fund – $75
If the driver’s BAC was 0.10% or greater, the penalties for a first offense are the same, with the following exceptions:
- The license suspension increases to 7 months to 1 year.
- The general fine increases to $300 to $500.
If the driver’s BAC was 0.15% or greater, they will have to have an IID installed in their car for the duration of their license suspension, plus an additional 6 months to 1 year after their license has been restored.
The penalties for a second offense within 10 years are:
- Sentence – 48 hours to 90 days
- License Suspension – 2 years
- Community Service/IID/IDRC – 30 days of community service, 12 to 48 hours IDRC, and IID for duration of license suspension (2 years) plus an additional 1 to 3 years after restoration of license
- Fines and Fees
- General Fine – $500 to $1,000
- IDRC Fee – $280
- Drunk Driving Fund – $100
- Alcohol Education and Rehabilitation Fund (AERF) – $100
- Surcharge – $1,000/year for 3 years ($3,000 total)
- Neighborhood Services Fund – $75
The penalties for a third offense within 10 years are the same as the penalties for a second offense, with the following exceptions:
- The sentence increases to 180 days (about 6 months).
- The license suspension increases to 10 years.
- Community service increases to 90 days.
- The general fine increases to $1,000.
- The surcharge increases to $1,500 per year for 3 years, for a total of $4,500.
If your son or daughter was under the age of 21 at the time of their offense, he or she may face the following penalties:
- License Suspension – 30 to 90 days
- Community Service/IID/IDRC – 15 to 30 days of community service, IDRC of a duration to be determined
“Possible combination of the minimum sentences above and select DUI mandatory fines and penalties, depending on the situation.”
How Hiring an Attorney can Help
If you are facing a driving while under the influence charge, then you are aware that the penalties and fines can affect more than just your wallet, but can also cause you to go to jail.
- Challenge the legality of the stop – It is a matter of law that a driver cannot be stopped in their car unless the police officer has probable cause to make the stop. In the event that there is no probable cause an experienced DWI attorney can file motions to suppress to challenge the legality of DWI stops.
- Challenge the legality of the administration of breath tests – In the event that a person is pulled over for suspected driving while under the influence, a police officer may administer a breathalyzer test. However, a police may administer a breath test only if they have a reasonable belief that a driver has been driving under the influence.
- Challenge the use of blood evidence – blood analyses are another tool that police use to determine if a person was driving while under the influence of alcohol or any other substance. However, oftentimes the state cannot prove their case based on a blood analysis.
- Examine prior convictions – Based on any prior convictions for DUI/DWI in and out of New Jersey, you may be able to reduce or have your charges dismissed.
- Challenge the results of the Breathalyzer test – New Jersey uses an AlcoTest 7110 MK III to administer a breathalyzer test. Like any other machine, it is susceptible to error. Our DWI/DUI lawyers work with experts who will review the data to determine whether or not the results are accurate.
Hiring an experienced DWI/DUI attorney does not mean that you are trying to escape the laws, but merely that you are ensuring that your legal rights are protected.
Our Avalon, NJ DWI/DUI Lawyers Can Help
If you or a loved one are facing serious charges for intoxicated driving, we understand the anxiety and uncertainty you are going through. The experienced and dedicated DUI defense lawyers of the Law Offices of John J. Zarych can fight for you. We have offices in Cape May, Wildwood, Atlantic City, and in Atlantic County. To schedule a free and confidential initial consultation call our firm at (609) 616-4956 today or contact us online.
