A drunk driving conviction in New Jersey can have intensely negative consequences, not only for your present but reaching far into your family’s future. This is especially true for teenagers, who could lose invaluable opportunities to participate in school or work programs, and for commercial drivers, who risk losing their careers altogether.
If you or your teenager was arrested for driving while intoxicated in New Jersey, you need to move swiftly to fight the charges. The DWI defense lawyers at the Law Offices of John J. Zarych can help. After you are arrested, you may be taken to the police station and booked. You should also receive a court summons shortly after you are released. If you are convicted, your penalties may vary based on your history of DWIs and your BAC when you were arrested. Defendants with prior DWIs and high BACs may face harsher penalties, including jail time. Commercial drivers and underage drivers may face penalties for much lower BACs. Some people think they can outsmart the system by refusing to be chemically tested, but this is not smart. You may face additional penalties for such a refusal.
If you are facing alcohol or drug-related charges, call our New Jersey DWI attorney at the Law Offices of John J. Zarych at (609) 616-4956 for a free case review.
What Happens When You Are Arrested for Drunk Driving?
When a person is arrested for intoxicated driving, they are taken into custody at the police station. Once the person is released, they receive a summons to appear in court at a future date. The police must issue a summons within 90 days of the alleged drunk driving incident.
Most people think of a criminal case as a trial, but going to trial is only one stage of the process. The first court date for a DWI suspect is called an arraignment. Unlike a trial, the purpose of an arraignment is not to find the defendant guilty or not guilty. The point of an arraignment is to formally inform the defendant of the charges while giving them an opportunity to plead guilty or not guilty. The time, date, and location of your arraignment should be specified on the summons you received from the police.
It is critically important that you appear on time for your arraignment at the specified location. If you fail to appear in court, the judge can issue a bench warrant for your arrest, which will complicate your legal situation. The best course of action is to appear at all court hearings with an experienced New Jersey DUI attorney by your side. We will help prepare you for your arraignment and other court appearances.
New Jersey DWI Penalties: Fines, Jail Sentencing, and License Suspension
According to N.J.S.A. § 39:4-50(a), drivers can be charged with DWI in New Jersey when they drive a car or operate another motor vehicle with a BAC (blood alcohol content) meeting or exceeding 0.08%. Someone might instead be charged for knowingly allowing someone under the influence to drive their vehicle. Penalties may be severe and tend to get harsher for additional offenses.
Penalties for a First Offense
According to N.J.S.A. § 39:4-50(a)(1), penalties for a person’s first DWI where their BAC is at least .08% but less than .10% include a fine of at least $250 but not more than $400 and the possibility of detainment for at least 12 hours but no longer than 48 hours. The court may also sentence you to up to 30 days in jail and order you to forfeit your license until you install an ignition interlock device in your vehicle.
For a first offense in which the defendant’s BAC was at least .10% or higher or they were under the influence of drugs, penalties may include a fine of no less than $300 and no more than $500, detainment for no less than 12 hours, and a jail term of up to 30 days. If drugs are involved, you must forfeit your license for at least 7 months and up to 1 year.
If your BAC was at least .10% but less than .15%, you may lose your license until you install an ignition interlock device in your vehicle. If your BAC was .15% or more, you might lose your license for at least 4 months and up to 6 months after you install an ignition interlock device in your car.
Penalties for a Second Offense
Penalties for a second DWI conviction are found under N.J.S.A. § 39:4-50(a)(2). You may be fined at least $500 and up to $1,000 for a second offense. The court can also order you to perform up to 30 days of community service. Jail time becomes a more definite consequence rather than a possibility here. The court will sentence you to at least 48 hours in jail but no more than 90 days. You will also lose your license for at least 1 year and up to 2 years.
Penalties for Third and Subsequent Offenses
Penalties for third and subsequent DWI offenses are described under N.J.S.A. § 39:4-50(a)(3). At this point, a defendant must pay a fine of at least $1,000 and go to jail for at least 180 days. You will also lose your license for much longer. Drivers facing their third DWI conviction may lose their license for 8 years.
DWI Penalties for CDL Drivers in New Jersey
The law regarding alcohol and drivers with commercial driver’s licenses (CDLs) is much stricter. For regular drivers, a person may be charged if their BAC is at least .08%. This limit is much lower for CDL drivers. According to N.J.S.A. § 39:3-10.13, a BAC as low as 0.04% can result in DWI charges for a CDL driver, such as a commercial trucker.
DWIs are also likely to cost you your CDL, which is not just your means of transportation but also your livelihood. When you are eligible to reapply for your CDL, it might be harder to get. Drivers with a history of DWIs, even just one DWI, are less likely to be approved for a CDL. After a conviction, you might have to find a new line of work. An attorney can help you fight a DWI charge so you can hopefully keep your CDL and your job.
DWI Penalties for Underage Drivers in New Jersey
Even though it is perfectly legal for people aged 21 and up to consume alcohol, doing so before driving a car is strictly prohibited. But what about people younger than 21? It is never legal for these people to have or consume alcohol, and penalties may be applied differently for underage drivers convicted of DWIs.
If you are stopped for a DWI while younger than 21, the legal BAC is much lower. According to N.J.S.A. § 39:4-50.14, you may be charged with a DWI with a BAC as low as .01%. Essentially, if almost any alcohol is detected in your system, you might face serious legal penalties.
Consequences of Refusing a Breathalyzer Test
When you first got your New Jersey driver’s license, you gave your implied consent to future breathalyzer tests in the event of a suspected DWI. By withholding consent, you are violating New Jersey’s Implied Consent Law. While it is technically within your rights to refuse a breathalyzer test, doing so can result in penalties similar to those imposed for an actual DWI.
Contact Our Atlantic City DUI Lawyers for a Free Consultation
When your reputation and freedom are on the line, you need a tough, skilled, and knowledgeable attorney fighting in your family’s corner. At the Law Offices of John J. Zarych, our legal team has over 45 years of experience handling adult and juvenile DWI charges in Atlantic County, Cape May County, and the surrounding counties of New Jersey. In more than four decades of practicing criminal law, our attorneys have built a reputation for being formidable and innovative courtroom opponents.
We will put every moment of your arrest and detention under a microscope to determine whether your rights were violated. We will challenge the accuracy of breathalyzer readouts, whether the arresting officer had probable cause, whether the sobriety roadblock was conducted legally, and all other aspects of the charges against you. To set up a free legal consultation, call our law offices at (609) 616-4956 right away. We are available 24 hours a day, including evenings, weekends, and holidays, and are prepared to make attorney jail visits to the Atlantic County Jail and other correctional facilities.
Call Our New Jersey DWI Attorneys for Legal Support Now
If you or your child was arrested for DWI in Atlantic City or the surrounding area, call our New Jersey DWI attorney at the Law Offices of John J. Zarych at (609) 616-4956 for a free case review.
