Driving while intoxicated, or driving under the influence in many other jurisdictions, is a serious crime and illegal in every state. The dangers of drunk driving are widely known; people get permanently injured or lose their lives because of drunk driving every day. For that reason, states like New Jersey take driving while intoxicated very seriously, and state law has serious criminal penalties for anyone convicted of driving while intoxicated.
The penalties you get for driving while intoxicated will vary based on a number of factors, including how many prior offenses you have, how much alcohol is in your bloodstream, and whether anyone was injured in the crash. Each case is different, so you need legal counsel to look at your situation and advise the best course of action.
If you have a situation you need help with, call (609) 616-4956 and get a free, confidential case review from the New Jersey DWI defense lawyers with the Law Offices of John J. Zarych today.
Driving While Intoxicated in New Jersey
The law criminalizing drunk driving in New Jersey is N.J.S.A. § 39:4-50(a). New Jersey law, driving while intoxicated as using a motor vehicle when your BAC is above 0.08%, you are under the influence of a narcotic or drug, or when you allow someone else with a BAC of more than 0.08% or under the influence of drugs to operate a motor vehicle. This means that you do not necessarily need to be the one driving, so you may need help from our New Jersey DUI defense lawyers if you let your drunk friend drive your car home, even if you yourself did not drive a vehicle while intoxicated.
Penalties for First-Offense DWIs in New Jersey
Penalties for driving while intoxicated can vary based on how many prior offenses the perpetrator has. Additionally, penalties can vary further based on the actual circumstances surrounding the incident and the individual’s level of intoxication.
The penalties for the first driving while intoxicated offense someone receives are detailed in N.J.S.A. § 39:4-50(a)(1). For instances where the individual’s BAC is 0.08% or more but less than 0.10%, the penalty is a fine of no less than $250 and no more than $400 plus a stay in jail of at least 12 hours and no more than 48 hours participating in Intoxicated Driver Resource Center programs. For instances where the individual’s BAC is above 0.10%, the fine is at least $300 and has a maximum of $500. The time you must spend doing resource center programs is the same as if it were a first offense. However, the court is also allowed to put you in jail for up to 30 days.
When the individual’s BAC is more than 0.10% but less than 0.15%, the penalty is the loss of the right to drive on New Jersey roads until they install an ignition interlock – at their own expense – in their vehicle.
When an individual’s BAC is 0.15% or more, they lose the right to drive on NJ roads for three months following the installation of an ignition interlock in their vehicle. In cases like this, you can voluntarily install the interlock and get one day as credit toward the time you cannot drive for every two days that you have an interlock installed in your car. For example, if you install an interlock the day after you are prohibited from driving, you would only have to wait half the time before you can drive again – albeit with an ignition interlock in your vehicle. However, credit is not available if the intoxicated driver also seriously injured someone else.
For individuals who are driving while influenced by a “narcotic” or “hallucinogenic” drug, like LSD or heroin, the penalty is losing the right to drive on New Jersey roads for at least seven months and no more than one year.
Penalties for Second-Offense DWIs in New Jersey
The penalties for second driving while intoxicated offenses are more serious. They are detailed in N.J.S.A § 39:4-50(a)(2). The minimum financial penalty is increased to $500, and the maximum is set at $1000. Additionally, persons convicted of second DWI offenses will need to do community service for 30 days and will have to stay in jail for at least 48 hours, and they will not be able to drive on New Jersey roads or highways for at least one year, but not more than two years from their conviction. You will also need to install an ignition interlock in your vehicle once you are allowed to drive again. Like with first offenses, you can get credit towards the time you are unable to drive if you install an ignition interlock earlier.
An important thing to note about second offenses is that you do not automatically get your license back. Instead, you have to petition the court for your driver’s license to be reinstated, and our New Jersey DWI defense lawyers can help you with that.
Penalties for Third and Subsequent DWI Offenses in New Jersey
Finally, a third or subsequent DWI charge in New Jersey has penalties detailed in N.J.S.A. § 39:4-50(a)(3). You will be fined $1000 and will need to spend at least 180 days in jail or a workhouse. That being said, the law also allows for those 180 days to be lowered depending on time spent in rehabilitation programs. Additionally, you will not be allowed to operate a motor vehicle for eight years. Again, though, like with first and second offenses, you can voluntarily install an ignition interlock and get credit for the time you have an interlock installed in your vehicle.
What Happens When You are Stopped for Driving While Intoxicated in New Jersey?
In addition to the criminal penalties an individual will face for driving while influenced, there are things that are going to happen right after a suspect is pulled over by police and in the immediate future. Our New Jersey DWI defense lawyers will guide you through that process so that you have an idea of what to expect if you are suspected of driving while intoxicated.
Observation and Getting Pulled Over
Of course, the first step towards getting charged with driving while intoxicated is being pulled over by police. For police to pull you over for suspected driving while intoxicated, they need “probable cause,” or more than just a hunch that you are driving under the influence of drugs or alcohol. For example, if a cop sees you stumble out of a bar, get in your car, and take off on the road, they have probable cause that you are driving drunk and can pull you over and arrest you for that conduct. On the other hand, if an officer simply sees the subject trip on the way to their car and get in while otherwise looking sober, they may not have probable cause that the individual is driving while intoxicated.
Once you are pulled over, the officer is probably going to ask you some questions, such as, “Have you been drinking?” It is a bad idea to lie to the police, but you can decline to answer their questions; you do not need to incriminate yourself. That being said, officers will probably not like it if you refuse to answer, and the officer might threaten to make things difficult. Remain calm and reasonable.
Officers may also ask you if you have been drinking and arrest you for suspected driving while intoxicated if they pulled you over for a different reason. For example, if a police officer pulls you over because of a broken tail light and then smells whiskey in your car, they may start investigating you for driving while intoxicated.
Field Sobriety Tests
It is very common for police officers to conduct field sobriety tests on individuals they suspect of driving while intoxicated. There are a couple of different tests that an officer may conduct in order to determine whether someone is likely to be driving while intoxicated. First, there is the “horizontal gaze nystagmus” test, where an officer will ask you to track your finger, a pen, or another object with your eyes. Drunk subjects often have trouble tracking the object or their eyes vibrate back and forth. Second, there is the “walk and turn” test, where you will be asked to walk in a straight line, sharply turn around, and then walk back to where you started. Finally, there is the “one-leg stand,” where the officer will ask you to balance yourself on one leg to determine whether you are intoxicated.
Keep in mind, though, that field sobriety tests are not very scientific. Many sober people fail these tests for various reasons, so our lawyers can call the results into question and challenge them to help defend you in court. Many people have poor balance, trouble walking in straight lines, or difficulty tracking things with their eyes, even under less stressful circumstances than being pulled over by the cops.
You also do not have to consent to these tests.
Breathalyzer Tests and Blood Analysis
The term “breathalyzer” is often used for two different tests. First is the “portable breath test” (PBT), where the officer will ask you to blow into a device to determine your BAC. This pre-arrest breath test can be refused and often does not confirm anything other than the presence of some amount of alcohol in your system, but it cannot supply evidence that you are over the legal limit. Of course, officers may not be happy if you refuse the test.
The “real” breathalyzer tests is done after you are arrested on suspicion of drunk driving, and is an actual scientific test that is illegal to refuse. This test can be used as evidence in court, as can your refusal to take it.
Additionally, you may be required to undergo a blood test if you are arrested for suspected drunk driving. Like with the breathalyzer test, you cannot refuse this one under the law, and it can be used as evidence against you in court. However, court precedent has made it so that officers need a warrant in order to conduct something as invasive as a blood test, so you may have time to start talking to an attorney before you must undergo the blood test.
Ways to Fight DWI Charges and Penalties in New Jersey
The best way to avoid penalties for driving while intoxicated is to get legal counsel working on your case and challenge the allegations against you. There are a couple of different avenues you can take to do this:
First, our lawyers can argue that you should not have been pulled over by police in the first place. A common way of doing this is alleging that the officer did not have probable cause to pull you over. For example, if you were following all traffic laws, your car did not smell of alcohol, and there were no other indicators that would suggest intoxicated driving, the officer probably did not have anything to go off of to pull you over.
Second, we can challenge any tests you had to undergo for suspected driving while intoxicated. Field sobriety tests are notoriously unreliable, and even scientific blood analysis can go wrong and turn up a false positive. Additionally, if any test was done without a warrant, that can be a very strong challenge to any DWI charges you face.
You can also challenge testimony alleging that you were drunk driving. For example, if a witness says you “looked like you were driving drunk” but did not actually see you drink anything, their claim may not necessarily be something the prosecution can rely on as hard evidence. We can challenge shaky claims in court and demonstrate to a jury that there is no proof you were driving while intoxicated.
Get Help from Our New Jersey DWI Defense Lawyers Now
The Law Offices of John J. Zarych’s DWI defense lawyers can provide a free, confidential analysis of your claim when you call (609) 616-4956.
