While DUIs and DWIs are serious traffic violations and put drivers at risk, they are also common, and many drivers face such charges every year. People are often quick to judge these drivers, so much so that the drivers themselves often just accept the charges so they can move on as quickly as possible. If you find yourself in such a position, you do not have to take the charges lying down. An attorney can help you fight the charges.
If you are arrested for a DUI or DWI in Vineland, you should try to cooperate with law enforcement without giving them any more incriminating information they might already have. In a way, your defense begins at the scene of the traffic stop. The penalties for DWIs vary based on your blood alcohol concentration (BAC) and whether this is your first DWI. The more DWIs on your driving record, the harsher the penalties become. Your attorney can review your case to determine the most effective defense strategies.
Get a free evaluation of your claims to begin your case by calling our DUI/DWI defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
What to Do After Being Pulled Over for a DWI in Vineland, NJ
You should do your best to cooperate with law enforcement. The second you start resisting their authority or pushing back in the slightest, they will crack down on you even harder. However, while cooperation is key, you need to know when to say no. For example, the police might ask you to perform field sobriety tests, which might include walking heel-to-toes in a straight line or following a pen with only your eyes. These tests are designed to trip people up if they are intoxicated, and they are not required by law. You may refuse these tests with no penalties. Tell our DUI/DWI defense lawyers if you were somehow penalized or threatened with penalties for refusing to submit to these tests.
Additionally, the police might ask you to take a roadside breath test using a portable testing device. Again, this is not required, and you can refuse. The police often administer these roadside tests because they need more probable cause to arrest the driver. However, if you are arrested and asked to submit to a breath test or other chemical testing, you are legally required to do so.
Contact a lawyer as soon as possible. If you are unsure who to contact, contact a family member or loved one and ask them to call a lawyer. The sooner you speak to an attorney about your case, the better.
Possible DWI Penalties in Vineland, NJ
The penalties for a DWI in New Jersey are pretty steep, and people often deal with the fallout for a long time. Depending on the circumstances, you might face heavy fines, the loss of your license, and even jail time.
First Offense
If you are charged with your first DWI and have no previous DWI convictions, you are likely facing the lightest penalties. Even so, these penalties are nothing to shrug off, and you should contact an attorney about how to defend yourself as soon as possible. Remember, many of these penalties are subject to the judge’s discretion, and your specific penalties will depend on the facts surrounding your case.
According to N.J.S.A. § 39:4-50(a)(1), your penalties for a first DWI will vary according to your BAC. If your BAC was at least .08% but still under .10%, you may spend up to 30 days in jail, pay a fine of no less than $250 but no more than $400, and your license may be suspended until you install an ignition interlock device in your vehicle. This device prevents the car from starting if it detects alcohol on your breath.
If your BAC was at least .10% but less than .15%, you may be fined no less than $300 and no more than $500. At its discretion, the court may sentence you to up to 30 days in jail. Your driver’s license may be suspended until you install an ignition interlock device in your vehicle.
If your BAC was .15% or higher, not only will you be fined and face possible jail time, but you may lose your license for at least 4 months and up to 6 months. This is on top of installing an ignition interlock device in your car.
If you are charged with a DWI related to certain controlled substances, the penalties are a bit different. In such a case, you would lose your driver’s license for at least 7 months and possibly up to a whole year.
Second Offense
Someone convicted of a second DWI will only face harsher penalties in every way. From fines to suspensions to jail time, everything gets worse. According to § 39:4-50(a)(2), you may be fined no less than $500 but no more than $1,000, and the court may require you to perform up to 30 days of community service. Not only that, but the court may decide what kind of community service you must perform. You may also be sentenced to jail for up to 90 days, and your license may be suspended for at least 1 year but not longer than 2 years.
Third Offense or More
For people facing a third DWI or more, the penalties are extremely harsh, and it is in your best interest to contact a lawyer about your situation immediately. Under § 39:4-50(a)(3), if you are convicted of a third DWI, you may be fined $1,000 and face jail time of up to 180 days. You may also lose your license for a very, very long time. Drivers convicted of a third DWI may have their license suspended for 8 years.
Fighting Your DWI Charges in Vineland, NJ
Now that you understand the potential penalties you are up against, you can talk to your lawyer about the best methods for defending yourself. One possibility is that the authorities do not have enough evidence to prove you were under the influence or intoxicated when you were pulled over. This is not uncommon if chemical testing is botched, and they cannot accurately establish your BAC.
Even if chemical testing was not botched, it might not have been legal. According to N.J.S.A. § 39:4-50.2(a), all drivers are required to submit to post-arrest chemical testing. However, under subsection (e), the police may not conduct such testing by force. Tell your lawyer immediately if you were forced to submit to testing against your will.
Contact Our Vineland NJ DUI/DWI Defense Lawyers for Help Now
Get a free evaluation of your claims to begin your case by calling our DUI/DWI defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
