Charges for driving while intoxicated (DWI) in New Jersey can carry serious and long-lasting penalties. Even a single DWI conviction can have significant consequences for drivers.
There are several ways in which a person can be charged with a DWI. Generally, if someone’s blood alcohol concentration is above the legal limit, they can be charged with a DWI. However, even if a person’s BAC is below the legal limit, they can still be charged if they are so intoxicated that they cannot drive safely. The penalties for DWIs tend to be harsh, and the penalties will only increase for each conviction you have on your record. You might be able to challenge your DWI if there was no cause for the police to pull you over or if your BAC results are inaccurate. You can also be charged with a DWI for driving under the influence of controlled substances instead of alcohol.
Many drivers consider a DWI their biggest mistake, but a single mistake should not ruin your life. Our Hammonton, NJ DWI defense lawyers can help you challenge the allegations against you. Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case review.
Being Charged with a DWI in Hammonton, NJ
Not all DWIs are charged in the same way. While many prosecutors based DWI charges on the driver’s BAC, many others cases are based on the police officer’s subjective observations. Our Hammonton, NJ DWI defense attorneys can review your case to determine how best to defend you against the charges.
In New Jersey, the legal limit for DWIs is a BAC of .08%. A DWI per se is a DWI where the driver’s BAC was at least .08% or more. In a DWI per se case, it does not matter how impaired the driver was. The charges may stand because the driver’s BAC met the legal limit. A driver with a high tolerance might not experience obvious impairment with a BAC of .08%, but they can still be charged with a DWI.
Contrarily, many drivers are charged with DWIs even though their BACs are below the legal limit. For example, a person with a BAC of less than .08% but still so impaired that they cannot safely drive can be charged with a DWI. There are also lower legal limits for people under 21 or who have commercial driver’s licenses.
Possible Penalties for DWIs in Hammonton, NJ
There are different levels of penalties according to how many DWIs you have on your record and how high your BAC was at the time of your arrest. Talk to our Hammonton, NJ DWI defense attorneys about your case, and we can help you figure out what kind of penalties you are facing.
First offense
For a first offense with a BAC of at least .08% but less than .10%, a defendant may be fined at least $250 but not more than $400. The court also can impose a jail term of up to 30 days. Defendants must also forfeit their license until they can install an ignition interlock device in their vehicle. The device prevents them from starting their vehicle if any alcohol is detected on their breath.
For a first offense with a BAC of at least .10% but less than .15%, a defendant can be fined at least $300 and up to $500 in addition to a possible jail term of up to 30 days. The defendant will also lose their license until installing an ignition interlock device in their vehicle.
Finally, if a defendant’s BAC is at least .15% or higher, they are fined at least $300 and up to $500. They also will have their license suspended for at least 4 months and up to 6 months in addition to installing an ignition interlock device.
Second offense
For second DWI convictions, the penalties will increase and become harsher. For a second violation, a defendant may be fined at least $500 but not more than $1,000. They will also be ordered by the court to perform community service for 30 days and serve no more than 90 days in jail. For a second conviction, drivers also lose their licenses for not less than 1 year but not more than 2 years. Our Hammonton, NJ DWI defense lawyers can help you fight these charges and hopefully keep your license.
Subsequent
Any additional violations are met with increasingly harsh penalties. The fine increases to $1,000, and the defendant may be sentenced to no less than 180 days in jail. Convicted defendants will also be required to install an ignition interlock device in their vehicles, and they will lose their driver’s licenses for 8 years.
Fighting DWI Charges in Hammonton, NJ
How we fight your charges depends on the unique circumstances surrounding your DWI charges. Our Hammonton, NJ DWI defense attorneys can review your case and assess the best defense strategies for your DWI charges.
In some cases, there was no reason for the police to stop the driver in the first place. All traffic stops, whether they are for DWIs or ordinary traffic violations, must be based on articulable reasonable suspicion. Traffic stops based on arbitrary or unlawful reasons like race, ethnicity, or gender are illegal.
If you submit to any form of chemical testing, the police must follow very strict procedures. If they deviate from these procedures, the chemical testing results can be suppressed. For example, even though chemical testing is legally required, the police cannot physically force a driver to submit to testing. If you were forced to undergo chemical testing against your will, the test results can be suppressed.
Another tactic is to ask for records about the BAC testing equipment used by law enforcement. The equipment must be regularly maintained and calibrated to be kept in working order. If we find out that the equipment had not been properly cared for before you were tested, the results should not be trusted and thrown out.
Call Our Hammonton, NJ DWI Defense Attorneys for Advice
Our Hammonton, NJ DWI defense attorneys can help you if you are facing DWI charges. Whether you are up against your first, second, or third DWI, you deserve to have someone fighting for your rights. Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case review.
