DUI and DWI are serious traffic violations in Sea Isle that can be incredibly expensive and jeopardize your freedom if convicted. You will lose your license and will be exposed to the full force of the court if not represented by counsel.
Fortunately, our team can help defend you and find ways to either have the charges downgraded or get the case withdrawn by the prosecution. Courts have a great deal of discretion in how they punish those convicted of DWI and DUI. They can determine the level of fines and whether the defendant should be incarcerated on a first offense. Our team will investigate the stop, how the evidence was collected, and whether this is your first offense. If the stop was illegal or the evidence mishandled, the court might dismiss the charges.
Call the Law Offices of John J. Zarych today at (609) 616-4956 to discuss your case with our DUI and DWI defense lawyers free of charge.
Understanding DUI and DWI in Sea Isle, NJ
Driving under the influence (DUI) and driving while intoxicated (DWI) are often used interchangeably, which makes sense, as the consequences for each offense are the same. Technically, DWI refers to when a driver is under the influence of alcohol, while DUI can involve drugs or alcohol, or both. Still, both are illegal and can result in significant fines, loss of your license, and automatic jail time if it is not the first offense. Our DUI and DWI defense attorneys can help you fight these charges so you are not exposed to the worst penalties. The following will explain the consequences of a DWI conviction:
Penalties for the First Offense
While most people are typically not sentenced to jail for their first Sea Isle DWI offense, they will still have costly consequences in fines and license suspensions. However, the severity of first-time penalties will depend on your BAC. If the driver’s BAC is 0.08% or higher but less than 0.10% for their first DWI, fines can range from $250 to $400, and their license will be suspended until they install an interlock device in their vehicle, according to § 39:4-50(a)(1)(i).
When a driver’s BAC is over 0.10%, fines increase from $300 to $500, and their driver’s license will be suspended until an interlock device is installed and their license has a notation stating they cannot drive without it under § 39:4-50(a)(1)(ii). Drivers with a BAC of 0.15% or higher will have their licenses automatically suspended for three months after installing an interlock device.
In any of these situations, the court has the discretion to sentence the driver to incarceration for up to 30 days.
Penalties for the Second Offense
Second-time DWI offenses carry much stiffer penalties, including incarceration. According to § 39:4-50(a)(2), offenders with a second DWI will spend at least two days in jail but could be sentenced to a maximum of 90 days if the court decides. A second conviction will also result fines between $500 and $1,000. Those convicted must also complete 30 days of community service and forfeit their driving rights for one to two years.
Penalties for the Third or Subsequent Offense
Drivers who commit a third DWI offense or more will bear the full weight of the legal repercussions. Fines will be set at a minimum of $1,000, and defendants will be sentenced to a minimum of 180 in county jail or a workhouse, as per § 39:4-50(a)(3). However, the court has the discretion to lower the sentence for up to 90 days if the defendant agrees to participate in an inpatient substance use disorder rehabilitation program approved by the NJ Intoxicated Driver Resource Center.
Further, those convicted will forfeit their license for eight years.
The court can also order you to participate in a supervised visitation program as a condition of probation or some other form of community service.
Penalties for Refusing DWI Tests
Under N.J.S.A. § 39:4-50.2(a), every driver implicitly consents to chemical testing after being arrested for DWI by virtue of holding an NJ license. Refusing to submit to breath or blood testing will have near-instant ramifications. If the refusal was during your first offense, you will not be allowed to drive until your vehicle is installed with an ignition interlock device, as per § 39:4-50.4a(1). Drivers must blow into this device to confirm their blood alcohol concentration (BAC), or the vehicle will not start.
If the refusal is in connection with a second DWI offense, drivers will have their license suspended for at least a year but not more than two, and they must also install an interlock device, according to § 39:4-50.4a(2). Drivers who refuse for a third time or more will lose their licenses for eight years after installing an interlock device under § 39:4-50.4a(3). This also does not include the additional penalties defendants face if they are convicted of DWI.
Defenses Against DUI and DWI Charges in Sea Isle, NJ
The police and prosecutors must follow strict procedures from the stop to the trial to ensure your constitutional right to due process is not violated. As such, we can devise several defense strategies to fight your DWI charges.
First, our team will determine whether the police stop was legal. The police must have reasonable suspicion that you were committing a crime or witnessed you committing an offense, like weaving on the traffic lines. However, you might have been following every traffic law when you were pulled over. If we can show that the stop was illegal, we can argue that any evidence gathered from it should be kept out of your case.
We will also determine whether other constitutional rights were violated, such as your right to have an attorney present during police interrogation. Be sure to exercise this right as soon as you are arrested. The police can ask basic questions without an attorney being present, like your name, address, and birthday, but as soon as they start asking about the DWI, you have a right to have our team there to protect you.
If the chain of custody was broken while handling your chemical test results or the tests were improperly performed, we can also argue that the prosecution should not be allowed to rely on it.
Call Our Sea Isle, NJ DUI and DWI Lawyers Now to Get Help Defending Your Case
For a free case review, contact our DUI and DWI defense attorneys at Law Offices of John J. Zarych by calling (609) 616-4956 today.
