Drunk driving in New Jersey is known as “driving while intoxicated,” or “DWI.” DWI is one of the most heavily enforced laws in the state, and our police know where and when to catch drunk drivers. While many people have probably driven after drinking, not all of them have been drunk enough to commit a DWI, and our attorneys understand that not every case of drinking and driving is a DWI.
Our legal team knows how DWI cases work from beginning to end. We can help challenge arrests, challenge test results, and challenge police evidence to try to get charges reduced or dropped. If your charges go to trial, we can help fight the case in front of a jury. Talk to your lawyer about possible defenses. Depending on the situation, we might be able to refute the evidence against you. In any case, our lawyers offer free consultations on your Egg Harbor, New Jersey DUI/DWI case.
The Egg Harbor Township DWI defense lawyers at The Law Offices of John J. Zarych may be reached at (609) 616-4956 for a free case assessment.
Definition of DWI in Egg Harbor
Every state’s DUI/DWI statute is a bit different. The first difference may be the name. New Jersey chose the name “driving while intoxicated,” but this means the same as most other states with the name “driving under the influence” (DUI).
N.J.S.A. § 39:4-50(a) defines DWI as operating a motor vehicle while you are under the influence of alcohol or drugs. Alternatively, if your BAC is .08% or higher, that is also DWI. The way the law breaks this down means that you can actually be charged with DWI without a breath or blood test.
To prove a DWI, police look at multiple factors. First, your driving can indicate whether you are drunk. Swerving, running red lights, speeding, and causing an accident are all signs that you might be too drunk to drive. Additionally, things like alcohol on your breath, glassy eyes, stumbling, and slurred speech all indicate intoxication. Lastly, police may use “field sobriety tests” to check whether you are drunk. These include simple tests like the Walk-and-Turn test and the One Leg Stand test to check your motor skills. A good defense attorney can challenge the way the test was performed to see if the police’s evidence is fair or not.
To prove your BAC, or “blood alcohol concentration,” police use blood or breath tests. BAC is the percentage of alcohol in your blood. New Jersey police often use the Dräger Alcotest system or a blood test. These results are usually accurate, but the devices might not be properly calibrated or tested. That means that your lawyer may be able to challenge your BAC results.
The way the statute is written, you can even be charged with DWI without driving. Under § 39:4-50, you can be charged with DWI if you let someone else who is drunk drive your car. That means that even if you are the passenger, or even if you are not in the car, you can technically be charged with DWI in New Jersey.
Punishments for a DUI Conviction in Egg Harbor
Being convicted of a DWI in New Jersey has strict punishments. Many of the punishments have set fines, with absolute minimums and maximums. This limits the judge’s flexibility, which means you may face mandatory fines if you are convicted. Taking your case to an experienced DWI attorney is one of the best ways to avoid the penalties. Doing so might help you beat the charges before sentencing.
Before listing the punishments for DWI, note that there is an additional punishment in DWI cases. If you refuse to take a breathalyzer test in New Jersey, the MVC can automatically revoke your driver’s license for seven months and up to one year, even without proving the DWI in court.
As for the DWI itself, the punishments vary based on your BAC, the presence of drugs in your system, or whether it is your first offense or not. DWI for general alcohol intoxication holds the same punishments as a DWI for a BAC between .08% and .10%. DWI with drugs or a BAC of .10% or higher holds a higher punishment.
A first BAC for the lower tier means fines between $250 and $400, a possibility of up to 30 days in jail, and a three-month license suspension. A DWI for a higher tier DWI means fines between $300 and $500, up to 30 days in jail, and a license suspension between seven months and one year.
For a second DWI (of any kind), the fine is between $500 and $1,000, the jail sentence is a minimum of 48 hours (up to 90 days), your license is suspended for two years, and the court will order you to use an ignition interlock. Your third or subsequent DWI results in a $1,000 fine, a jail term of at least 180 days, and a 10-year license suspension.
The “ignition interlock” is a possible punishment for any DWI but is required for a second DWI offense. This device attaches to your car so that it will not start unless you blow a clean breath test into it. Any DWI also has fines and surcharges totaling around $325, a possibility of probation or community service, and required education and screening at New Jersey’s Intoxicated Driver Resource Center.
How to Fight Charges for a DUI or DWI in Egg Harbor Township
You do not have to accept your fate after being charged with a DUI or DWI. If the police did not adhere to legal rules and procedures, or you believe your rights were otherwise violated, tell your lawyer immediately. Your charges should not stick if the authorities do not play fair.
Challenging Chemical Testing
Chemical testing is mandatory in New Jersey under the implied consent law. According to N.J.S.A. § 39:4-50.2(a), anyone driving a vehicle on any public road, highway, or street in New Jersey has impliedly given consent to be chemically tested for alcohol. In other words, after the police arrest someone for a DUI, that person is required by law to submit to chemical testing.
Chemical testing might be legally required, but the authorities cannot force you to submit if you refuse. It is a somewhat strange law because, while testing is mandatory, it cannot be forced. If you refused to be chemically tested, but the police physically forced you to comply, tell your lawyer immediately. The results of the testing, including BAC measurements, may be considered tainted and excluded from the case against you.
Actual Physical Control
To be convicted of a DUI or DWI, a defendant must have had “actual physical control” over their vehicle. This does not necessarily mean the defendant had to have been driving their car. People have been charged with DUIs when their vehicle is not moving or even parked.
So, what is actual physical control? This is a somewhat tricky concept to pin down, and there is not really a single way to define it. Instead, a better way to understand it is to think about the factors a court may consider when deciding whether a defendant had actual physical control over their car.
The court may consider where you were seated inside the vehicle. If you were in the backseat, prosecutors might find it difficult to prove you had actual physical control. You might be in trouble if you were in the driver’s seat. However, simply being in the front seat is not enough to prove actual physical control.
The court may also consider whether the car was running and where the keys were. If the car was running while you were in the driver’s seat, you might have had actual physical control. If the car was not running but the keys were on your person while you were in the driver’s seat, you might still have control. On the other hand, if the keys were not in the vehicle, or maybe they were in your bag in the trunk, you might be better able to refute actual physical control.
Even if the car was not moving, the authorities might still try to prove you had actual physical control. For example, if the car is parked and turned off but the engine is still warm, it means the vehicle is likely driven very recently. This might be used to argue that the defendant drove the vehicle while intoxicated shortly before the police arrived on the scene.
Lack of Probable Cause
Intoxication is not exactly something that police officers can always observe from outside a driver’s vehicle. When officers pull someone over, it is usually for other driving-related offenses. For example, the police might pull someone over for speeding or running a red light only to notice a strong odor of alcohol in the car, so they begin investigating for a DUI. Alternatively, they might notice erratic driving, like weaving between lanes, often indicative of intoxication. This might be the probable cause needed to pull someone over.
If you believe the police stopped you for no reason or an unlawful or arbitrary reason, talk to your attorney about it right away. If the stop itself is unlawful, evidence obtained pursuant to the illegal stop should be excluded from your trial and not used against you.
Why You Should Hire an Attorney for a DUI or DWI in Egg Harbor Township
DUIs and DWIs are not uncommon charges. Perhaps because these things are so commonplace, many people do not feel the need to hire a lawyer to help them. Many would rather accept the charges and move on with their life. However, you should have a lawyer help you with your DUI case, as there might be ways to defend yourself you are unaware of.
A DUI or DWI is difficult to deal with because prosecutors are forbidden by law from making plea agreements. This means that prosecutors are not allowed to reduce your charges or penalties in exchange for a guilty plea, a common occurrence in many other criminal cases. As such, you need a lawyer to help you explore other defense strategies.
An experienced attorney should know the rules that police officers must follow when stopping someone and arresting them for a DUI or DWI. They can examine all the details of your case and determine if the police violated your rights. If they did, you might have a better chance of defending yourself. Even if you cannot refute the charges, your lawyer can make sure that any penalties imposed are lawful and fair.
Our Egg Harbor Twp DUI/DWI Defense Lawyers Can Help
The Law Offices of John J. Zarych’s lawyers fight DWI charges to get them dropped and get penalties reduced. For a free case review with our Egg Harbor Township DWI defense lawyers, call us at (609) 616-4956.
