In New Jersey, the laws about driving while intoxicated (DWI) or driving under the influence (DUI) are some of the strictest in the United States. Our New Jersey DUI/DWI attorneys can help you if you are facing a charge.

What Is a DUI/DWI?

A DUI may mean driving under the influence of alcohol or illegal or prescription drugs. A DWI may mean driving while intoxicated or impaired. Regardless, both carry serious penalties.

What Are the Potential Consequences of Being Convicted?

Getting convicted of a DUI/DWI can cost you thousands of dollars in fines, jail time, loss of driving privileges, and loss of freedom. It is critical to retain experienced legal representation if you have been charged with a DUI/DWI.

What Types of DUI/DWI Cases Does Your Law Firm Handle?

• First-Offense DWI
• Second-Offense DWI
• Third-Offense DWI
• Underage DWI
• Federal Court DWI
• Marijuana DUI
• Prescription Drug DUI
• Refusal of Breathalyzer Test in a DWI/DUI Stop
• DWI/DUI Blood Test Refusals

DWI Statutes

• 39:4-50- driving while intoxicated: An individual who operates a motor vehicle under the influence of intoxicating liquor, narcotic, hallucinogenic, or other habit-form or operates a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or more by weight of alcohol in the defendant’s blood.
• 3-10.20- suspension of commercial motor vehicle driving privilege: In addition to the imposition of any other penalty provided by law, the chief administrator shall suspend for not less than one year nor more than three years the commercial motor vehicle driving privilege of a person convicted for a first violation.
• 39:4-50.4a- refusal to submit to test: Municipal courts shall order any person who after being arrested for a DWI to test to forfeit the right to operate a motor vehicle over the highways in New Jersey until the person installs an ignition interlock device.

New Jersey DWI/DUI Penalties

• 1st offense: Fine of $250 to $500, up to 30 days in jail, 90-day to 12-month license suspension, two six-hour classes with the Intoxicated Drivers Resource Center (IDRC), and annual surcharge penalties.
• 2nd offense: Fine of $500 to $1,000, up to 90 days jail time, two-year license suspension, 48 hours detainment with IDRC, and annual surcharge penalties.
• 3rd offense: $1,000 fine, 180 days in jail, 10-year driver’s license suspension, detainment in an in-patient alcoholism rehab program, annual surcharges, and installation of an ignition interlock device.

Refusing Breathalyzer After DWI Arrest

Refusal to submit to a breath test has serious consequences in New Jersey. The penalties increase for each offense:

• Penalties for first offense: In New Jersey, the first time you refuse a breathalyzer, you may face a fine of between $300 and $500. Your driver’s license may be suspended until you install an ignition interlock device in your vehicle. You may also spend at least six hours daily for two consecutive days in IDRC.
• Penalties for second offense: For a second breathalyzer refusal, you may face a fine of between $500 and $1,000 and a one-to-two-year license suspension following the installation of an ignition interlock device in your vehicle. You may also spend 48 hours consecutively in detainment in IDRC. You may also have mandatory community service and a jail term of between two and 90 days.
• Penalties for a third offense: For a third or subsequent DWI offense, you may face a fine of $1,000 and an eight-year license suspension following the installation of an ignition interlock device in your car. You may also attend an alcohol education program and additional alcohol counseling and have a mandatory county jail sentence of 180 days.

What Must New Jersey Prosecutors Prove to Convict You of a DWI?

In New Jersey, with DWI cases, a prosecutor must prove beyond a reasonable doubt that you operated a motor vehicle while under the influence of alcohol or drugs. “Beyond a reasonable doubt” is a common legal term known as a standard of proof.

The following elements must be proven beyond a reasonable doubt:

• Operates a motor vehicle: The state must prove the defendant was driving or intended to drive.
• Under the influence: Prosecutors must prove the substances impaired the defendant.
• BAC: The state may prove impairment by showing that a defendant’s BAC exceeded the legal limit (0.08 percent). It must also be shown that the tests were working and reliable.

Why Choose Kitrick, McWeeney & Wells, LLC if You Have Been Charged With a DUI/DWI?

Our firm understands how New Jersey municipalities prosecute various traffic and other non-indictable offenses in municipal court. Our New Jersey DWI lawyers can protect your rights and best interests and help you obtain the best possible outcome for your case. We have extensive experience working in the municipal court system and are thoroughly familiar with the court procedures.

Our legal team prides itself on the following:

• Communication
• Experience and vast knowledge
• Credentials and top-quality legal education

FAQs:

What is the legal BAC limit in New Jersey?

In New Jersey, a person is guilty of a DUI/DWI if they operate a motor vehicle with a BAC of 0.08 percent or higher.

Can you refuse a breathalyzer test in New Jersey?

Under New Jersey Law, a driver must submit to an alcohol breath test upon request by a police officer. Refusal of a breathalyzer test will not necessarily avoid a drunk driving charge. Instead, you may face additional consequences, including criminal penalties.

Am I entitled to an attorney?

You always have the right to represent yourself in court. However, it is highly advisable to retain either a private lawyer or be represented by a public defender appointed by the court system.

Can I challenge my DWI charge?

There are many ways to challenge a DUI/DWI charge. However, you should hire an experienced lawyer to help you handle your case to protect your rights.

New Jersey DWI Lawyers at Kitrick, McWeeney & Wells, LLC Can Protect Your Rights and Best Interests

Our New Jersey DWI lawyers at Kitrick, McWeeney & Wells, LLC can fight for your rights. DUI/DWI laws are complicated and constantly changing; every case’s facts differ. To learn more, call us at 732-920-8383 or complete our online form to schedule a consultation. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.