Being pulled over and arrested for driving under the influence (DUI) or driving while intoxicated (DWI) is often regarded as a humiliating low point. Not only is dealing with these charges and the potential penalties scary, but you might face significant backlash from people in your community. You might feel like the deck is stacked against you, but you have the right to defend yourself, and our legal team can assist.
The legal limit for a driver’s blood alcohol concentration (BAC) is .08%, but you may be charged for a lower BAC if the police believe you cannot drive safely. The penalties. The more DWIs you have on your record and the higher your BAC is, the worse the penalties may become. The legal limit for underage drivers is even lower at only .01%, meaning almost any amount of alcohol might lead to legal trouble. Additionally, people with commercial driver’s licenses (CDLs) risk losing their jobs. Many cases turn on chemical testing. After arrest, testing is mandatory, and you may face additional charges for refusal. Contact an attorney quickly to begin fighting the charges against you.
Get a free, private evaluation of your case by calling the Law Offices of John J. Zarych at (609) 616-4956 and speaking to our DUI/DWI defense attorneys.
How a Driver May Be Arrested and Charged with a DWI in Hamilton Township
Often, the police cannot tell that a driver is intoxicated until they meet them face-to-face. However, certain factors might tip the police off. For example, if they see a driver weaving between lanes or speeding up and slowing down erratically, they might suspect the driver is intoxicated.
Regardless, the police must have reasonable suspicion to pull someone over. Reasonable suspicion is hard to articulate because it varies from case to case, but it generally involves enough information to allow officers to reasonably believe that criminal activity is occurring. The police are not allowed to pull people over randomly or for arbitrary reasons.
Generally, there are two types of DWIs. People charged because their BAC is at least .08% may be charged with a DWI per se. Since their BAC is over the legal limit, the driver may be charged even if they are not heavily impaired. For example, a driver with a very high alcohol tolerance might not be impaired at .08%, but they may still be charged.
The other type of DWI involves a BAC that is lower than the legal limit. The police may arrest someone for a DWI with a lower BAC if the officers reasonably believe that they are still too impaired to drive safely. For example, a driver’s BAC might be .06%, but they might have a very low tolerance for alcohol, and they might still be impaired and unable to drive.
Potential Penalties for DWIs or DUIs in Hamilton Township
The penalties for a DWI may be a bit unpredictable without more information. Generally, the more DWIs a defendant has on their driving record, and the higher their BAC is, the more severe the penalties may become. However, penalties are set on a range with minimum and maximum penalties. Depending on the facts surrounding your case, you might receive a penalty closer to the lower end of the sentencing spectrum.
First Offense
Under N.J.S.A. § 39:4-50(a)(1), a person’s first DWI may be met with various consequences, including fines, license suspensions, and even jail time. The penalties for a first offense depend largely on the driver’s BAC. Your first DWI with a BAC of at least .08% but still under .10% may be met with fines of at least $250 but not more than $400. Jail time is possible, and you might be sentenced to up to 30 days behind bars. However, judges do not have to hand down jail terms for first offenses at this level, and our DUI/DWI defense lawyers might convince them to forego incarceration. Typically, drivers at this stage may only lose their license if they do not install an interlock ignition device in their vehicle.
The penalties increase if your BAC is at least .01% but less than .15%. Your fines may be valued at no less than $300 and no more than $500. Jail time becomes more of a possibility here. You may be required to spend at least 48 hours in jail and up to 30 days. Additionally, you must forfeit your license until you install an ignition interlock device in your car.
If your BAC is .15% or higher, you must lose your license for 3 months and install an ignition interlock device in your vehicle. License suspensions can be extremely inconvenient, and many people have difficulty adjusting to the loss of driving privileges.
Second Offense
If you have had a DWI within the past 10 years, the penalties for a new DWI charge become harsher. According to § 39:4-50(a)(2), the fines for a second DWI are at least $500 and up to $1,000. This is very expensive, and some drivers might be unable to afford it. You may be required to perform community service for 30 days under terms and conditions set by the court. Additionally, potential jail terms increase to a maximum of 90 days. Finally, you may lose your license for at least 1 whole year but no more than 2 years.
Third and Subsequent Offenses
If you are facing your third DWI within the past 10 years, your possible penalties may become worse still. According to § 39:4-50(a)(3), you will be fined $1,000 and sent to jail for no less than 180 days. That is 6 months behind bars. Finally, you will lose your driver’s license for 8 years.
Can Underage Drivers Be Charged with DWIs in Hamilton Township
While a driver younger than 21 may be charged with a DWI just like any other driver, lawmakers have carved out some specific rules regarding underage drivers. According to N.J.S.A. § 39:4-50.14, the legal limit for alcohol in a person’s system is much lower for underage drivers. You might face charges with a BAC as low as .01%. Even just one drink might be enough to get you in trouble.
On top of that, you may face additional charges for being a minor in possession of alcohol under § 2C:33-15(a)(1). It is illegal for anyone under 21 to purchase or consume alcohol. This means you may face criminal charges just for having alcohol in addition to the DWI. For example, if an underage driver is stopped with an open alcohol container in the vehicle, they may face a DWI and charges for the unlawful consumption of alcohol.
It might be possible for underage drivers to avoid these penalties under certain circumstances. Perhaps you had not consumed any alcohol but were only transporting it. Maybe an older friend, sibling, or family member asked you to grab some beer from the fridge and take it to them for a party. This is not illegal. If alcohol containers are still sealed, you should not be in trouble.
What Happens if I Have a Commercial Driver’s License and Get a DWI in Hamilton Township?
A DWI can complicate anyone’s life, but the consequences might be extra harsh for people who hold commercial driver’s licenses (CDLs). CDL holders are typically held to somewhat higher standards than ordinary drivers. They are often tasked with transporting important material or transporting people. As such, when these drivers get DWIs, they face somewhat harsher consequences.
According to N.J.S.A. § 39:3-10.20(a), a CDL holder convicted of a DWI may lose their CDL for at least 1 year and up to 3 years. A CDL holder may also lose their license for refusing to submit to mandatory chemical testing. If you lose your CDL, your job might also be in jeopardy. For example, a bus driver needs a CDL to drive the bus. If they lose it because of a DWI, they might be fired or placed on leave until they get their license back. Even if they can eventually get their CDL back, the driver might have difficulty finding new work. Employers might choose not to hire them based on their DWI conviction.
How Chemical Testing Works in DUI or DWI Cases in Hamilton Township
The most common form of testing is a breath test, but the authorities may also test blood or urine samples under certain circumstances. Additionally, chemical testing is mandatory under specific circumstances, and drivers may face additional penalties for refusing to submit to testing.
It is not unusual for the police in New Jersey to ask drivers they suspect are intoxicated to submit to presumptive breath tests (PBTs). These tests are often conducted on the roadside using portable devices. Not only are you allowed to refuse a PBT, but PBT results may not be used as evidence against you. Typically, they may only be used to establish probable cause to arrest.
Once a suspect has been arrested for a DWI, chemical testing is mandatory, and penalties may be imposed for refusal. According to N.J.S.A. § 39:4-50.4a(a), you may lose your license until agreeing to install an ignition interlock device in your car. For a second or subsequent offense, you might forfeit your driving privileges for longer. For example, if this is your second offense, you must forfeit your license for at least 1 year and up to 2 years.
The implied consent law under N.J.S.A. § 39:4-50.2(a) holds that mandatory chemical testing may be enforced because drivers have impliedly consented to testing. Simply by operating a vehicle on public highways and roads, drivers imply their consent to chemical testing. However, the law also holds that the police may not force drivers into testing. If someone refuses, the police must inform them of the consequences of refusal, but they cannot force them to submit to testing.
Challenging DUI and DWI Charges in Hamilton Township
While DWI charges can feel insurmountable at times, you have the right to defend yourself. In many cases, defendants are able to beat the charges and get their lives back to normal. The best way to defend yourself will vary based on the unique circumstances of the case.
Challenging Your BAC Measurements
A person’s BAC measurements are often the key piece of evidence against them in a DWI case. If there is something wrong with the measurements (e.g., incorrect, inaccurate, or unreliable), our DUI/DWI defense attorneys might be able to convince the judge to exclude them from the case. Without a BAC measurement, prosecutors might be unable to prove that the defendant was intoxicated, and the whole case might fall apart.
BAC measurements are sometimes thrown out because testing equipment is unreliable or faulty. For example, suppose we find out that the police did not properly calibrate the chemical testing equipment before administering the test. We can argue that the results cannot be trusted in that case. If the police forced you to submit to testing in violation of your rights, the results may be unlawful even if they are accurate.
Involuntary Intoxication
Although it is a less common defense, you might be able to claim that your intoxication was involuntary. For example, maybe you were at a party drinking a non-alcoholic drink when someone covertly spiked your drink, causing you to become inebriated. In many cases, people get in their cars to drive home before the intoxicating substance kicks in, and they become increasingly intoxicated as they drive.
Another possibility is that you were drinking but did not want to drive. Maybe someone forced you to get behind the wheel for some reason. Although this might sound unusual, you should inform your attorney if it happens to you.
Unlawful Stops by Police
When the police pull drivers over, they must have reasonable suspicion. Reasonable suspicion may be some articulable evidence or observations that lead the police to reasonably believe a crime is or has been committed. The police are not allowed to stop people randomly or for arbitrary reasons. They are also forbidden from conducting stops for discriminatory reasons, like gender or race.
If the police stopped you in violation of the law, evidence they obtained pursuant to that stop might be tainted. For example, the police might claim to have observed the driver slurring their speech or open alcohol containers inside the vehicle. If the stop itself was unlawful, the evidence they observed may be excluded from the case.
Speak to Our Hamilton Township DUI/DWI Defense Attorneys Right Away
Get a free, private evaluation of your case by calling the Law Offices of John J. Zarych at (609) 616-4956 and speaking to our DUI/DWI defense attorneys.
