DWI Attorney in Freehold, NJ
Suspicion of driving while intoxicated (DWI) is one of the most common reasons for arrests in New Jersey. While DWI is often equated with a traffic violation, a conviction has many different potential penalties that can have a substantial effect on your life. Additionally, the municipal court rules in NJ can be complex and confusing. Though a municipal court setting, it may seem more informal than the district court, however, you still face the same potentially serious consequences. For these reasons, you should always seek assistance from a highly experienced DWI defense lawyer as soon as possible.
If you are stopped and an officer believes that you may be intoxicated, the officer can request that you submit to different tests such as a roadside sobriety test or a Breathalyzer. Law enforcement officers use these tests to gather evidence to support their claims that they had probable cause to make an arrest. You can choose to refuse to participate in these tests. Refusal can work to limit the concrete evidence against you, however, under New Jersey’s implied consent law you will face an additional fine and suspension of your driver’s license if you refuse. An experienced DWI defense attorney will know how to handle the refusal case as well as the DWI case.
You can be charged with DWI in New Jersey if your blood alcohol content (BAC) is over a certain limit, depending on your circumstances. For example, the following are the legal limits in NJ:
- 0.08 percent for drivers aged 21 and older;
- 0.02 percent for underage drivers;
- 0.04 percent for drivers of commercial vehicles.
If your BAC is unknown because you did not submit to a breath or blood test, a law enforcement officer can testify to the signs they allegedly observed that led them to believe that your driving abilities were impaired. Some common signs stated by police include erratic driving behaviors, slurring words, red or watery eyes, and the odor of alcohol.
There are many different penalties that can result from a DWI conviction in New Jersey. The penalties can vary from case to case depending on many factors including your alleged BAC, whether an accident occurred, and whether you have previous DWI convictions on your record. Some potential consequences in NJ can include:
Maximum 30 days in jail; $250 to $500 fine;
for three months to one year.
In addition to the above penalties, you can also face an additional $500 in fees that go toward the Intoxicated Driver Program, Motor Vehicle Restoration, Drunk Driving Enforcement Fund, and toward other state and municipal costs. Even if you are not convicted, you could face a license suspension if you refused a breath test. If you are convicted and your license is suspended, you may have to have an ignition interlock device (IID) installed on your vehicle in order to get your license back.
In addition to the court-ordered penalties of DWI, a conviction can also have other consequences, as well. For example, if you are in a profession that requires you to have a driver’s license or a clean driving record, your job could be in jeopardy. Without a license, it may be difficult to get to work, school, or other obligations. When you do get your license back, your auto insurance costs will likely be significantly increased.
DWI Defense in NJ
A DWI defense attorney can help you in many different ways, including negotiating with the prosecutor to determine whether you can (or should) plead guilty to a lesser offense of reckless driving that involved alcohol, also known as a “wet reckless.” There are also many ways to defend against DWI charges including:
was in violation of your constitutional rights.
- The police officer did not properly administer the sobriety or chemical tests;
- The crime lab mishandled the chemical test sample;
- There was another explanation for you seeming intoxicated, such as extreme fatigue.
An attorney can determine which defense may be relevant in your case.
Call a Freehold, NJ DWI Defense Lawyer for a Consultation Today
At the Law Office of Ronald J. Brandmayr, Jr. in Freehold, we have helped many people facing DWI charges receive a more favorable outcome in their case. If you have been arrested for drunk driving, call our office as soon as possible at 732-409-5195 for help.