D.W.I/D.U.I. otherwise know as N.J.S.A. 39:4-50
Most people either have experienced or know someone who has experienced the decision to drive home after socially drinking at a bar, restaurant, or party. The choice to operate your motor vehicle after consuming even a small amount of alcohol could have serious repercussions. Although most people think it could never happen to them, our office has represented hundreds of clients who made the ill-advised decision to operate their motor vehicle after consuming alcohol or narcotics and were charged with driving while intoxicated. The current D.W.I. laws in New Jersey can impact you personally, financially, and professionally. If you have been charged with a D.W.I. it is important that you contact experienced legal counsel to properly advise you of your legal rights and defenses.
Driving while intoxicated, drunk driving, driving under the influence of a controlled dangerous substance, and driving under the influence of a prescription drug all fall under the same charge or statute in the State of New Jersey (N.J.S.A. 39:4-50). Although a violation of N.J.S.A. 39:4-50 (Driving While Intoxicated) is not yet considered a criminal offense in the State of New Jersey, it can still have a negative impact your life in many ways. A loss of your driving privileges, high fines, insurance surcharges, increased insurance premiums, and potential jail are only a few of the problems one can face if convicted of this offense. In addition to the severe penalties involved with this violation, there is a myriad of sentencing issues that must be considered before entering a plea of guilty. There are also numerous collateral consequences to consider before you make an informed decision regarding your pending DWI case. Because each individual may have different factors that impact their particular case, our office encourages you to consult experienced legal counsel before making a decision with respect to resolving your DWI offense.
Our office has extensive experience handling driving while intoxicated cases involving alcohol, controlled dangerous substances, and prescription drugs throughout the State of New Jersey. Our experienced staff can help guide you through the various legal issues that surround your case and advise you of the potential collateral consequences you may face upon sentencing.
Our team will analyze the State's case against you by closely examining the discovery (ie. police reports, dispatch records, certifications, scientific proofs, training certificates, videos, photographs, recordings, ect.) the basis for the motor vehicle stop, and the admissibility of evidence in the event of a trial. Often your best defense to a DWI is raised by way of a pre-trial motion. Our firm has the experience and knowledge to look for any potential weaknesses in the State's case against you.
In order to properly analyze your DWI case, it is imperative to obtain an extensive list of discovery items from the Law Enforcement Agency that made the arrest and issued the summonses against you. An attorney with experience in this field will likely have a working knowledge of what to request from the arresting agency. Upon receiving the discovery a review should be conducted to ensure that all the necessary requested documents were produced by the State. Reviewing the discovery will allow your attorney to determine the best way to proceed procedurally and strategically to best represent your interests. It may also reveal if there is a need for defense experts or production of reciprocal discovery to supply to the State on your behalf.
In addition to analyzing the discovery and proofs for your current matter, it may also be important to determine what the collateral consequences are with respect to a guilty plea or conviction. DWI sentencing guidelines can be extremely complicated and the effect it may have on you individually is often times overlooked when dealing with a current conviction. For example, a prior offense will likely effect the sentence you would receive on your current violation. However, if ten or more years have lapsed since your prior offense you may be entitled to a step down provision on your sentence. This is but one simple example of how prior offenses may impact your current offense. There are hundreds of sentencing scenarios that may effect your decision on how to handle your current DWI charge. You should be aware of the impact of these issues before a decision to try your case is made.
Below is a chart of the Driving While Intoxicated penalties for you to review, information about the DWI penalties from the New Jersey Motor Vehicle Commission, a link to information about the I.D.R.C., a link to information about the Interlock device and approved services, and common facts and questions about the Interlock device and imposition. Please feel free to contact our office to discuss the statute and how it may impact you directly.
Driving while intoxicated, drunk driving, driving under the influence of a controlled dangerous substance, and driving under the influence of a prescription drug all fall under the same charge or statute in the State of New Jersey (N.J.S.A. 39:4-50). Although a violation of N.J.S.A. 39:4-50 (Driving While Intoxicated) is not yet considered a criminal offense in the State of New Jersey, it can still have a negative impact your life in many ways. A loss of your driving privileges, high fines, insurance surcharges, increased insurance premiums, and potential jail are only a few of the problems one can face if convicted of this offense. In addition to the severe penalties involved with this violation, there is a myriad of sentencing issues that must be considered before entering a plea of guilty. There are also numerous collateral consequences to consider before you make an informed decision regarding your pending DWI case. Because each individual may have different factors that impact their particular case, our office encourages you to consult experienced legal counsel before making a decision with respect to resolving your DWI offense.
Our office has extensive experience handling driving while intoxicated cases involving alcohol, controlled dangerous substances, and prescription drugs throughout the State of New Jersey. Our experienced staff can help guide you through the various legal issues that surround your case and advise you of the potential collateral consequences you may face upon sentencing.
Our team will analyze the State's case against you by closely examining the discovery (ie. police reports, dispatch records, certifications, scientific proofs, training certificates, videos, photographs, recordings, ect.) the basis for the motor vehicle stop, and the admissibility of evidence in the event of a trial. Often your best defense to a DWI is raised by way of a pre-trial motion. Our firm has the experience and knowledge to look for any potential weaknesses in the State's case against you.
In order to properly analyze your DWI case, it is imperative to obtain an extensive list of discovery items from the Law Enforcement Agency that made the arrest and issued the summonses against you. An attorney with experience in this field will likely have a working knowledge of what to request from the arresting agency. Upon receiving the discovery a review should be conducted to ensure that all the necessary requested documents were produced by the State. Reviewing the discovery will allow your attorney to determine the best way to proceed procedurally and strategically to best represent your interests. It may also reveal if there is a need for defense experts or production of reciprocal discovery to supply to the State on your behalf.
In addition to analyzing the discovery and proofs for your current matter, it may also be important to determine what the collateral consequences are with respect to a guilty plea or conviction. DWI sentencing guidelines can be extremely complicated and the effect it may have on you individually is often times overlooked when dealing with a current conviction. For example, a prior offense will likely effect the sentence you would receive on your current violation. However, if ten or more years have lapsed since your prior offense you may be entitled to a step down provision on your sentence. This is but one simple example of how prior offenses may impact your current offense. There are hundreds of sentencing scenarios that may effect your decision on how to handle your current DWI charge. You should be aware of the impact of these issues before a decision to try your case is made.
Below is a chart of the Driving While Intoxicated penalties for you to review, information about the DWI penalties from the New Jersey Motor Vehicle Commission, a link to information about the I.D.R.C., a link to information about the Interlock device and approved services, and common facts and questions about the Interlock device and imposition. Please feel free to contact our office to discuss the statute and how it may impact you directly.
dwi_-penaltytable.pdf | |
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dwi_information_from_the_njmvc.pdf | |
File Size: | 141 kb |
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interlock-faq.pdf | |
File Size: | 108 kb |
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D.W.I./D.U.I. for drivers under the age of 21
If you are under 21 years of age and operate a motor vehicle or boat with an alcohol level of .01 or higher, you may be subject to certain penalties regardless of the fact that your B.A.C. is below the per se limit of .08%. This is sometimes referred to as a "kiddie drunk" driving offense as the penalties may not be as strict as a normal N.J.S.A. 39:4-50 violation. However, if you are under the age of 21 and your Blood Alcohol Content (B.A.C.) is above a .08 you may still be prosecuted under the regular N.J.S.A. 39:4-50 violation, which subjects you to the penalties outlined above.
If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the following penalties apply:
If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the following penalties apply:
- 30–90 day license suspension
- Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
- 15–30 days mandatory community service
- Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
- If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license
B.A.C.
The State of New Jersey currently utilizes the Alcotest as its testing machine to establish Blood Alcohol Content by way of breath sample. Your Blood Alcohol Content is a key piece of evidence the State will attempt to use to establish the intoxication element of N.J.S.A. 39:4-50. However, there are requirements the State must establish in order to admit these readings into evidence at trial.
Often times a successful challenge to the admissibility of these readings can have a positive impact on your case. If you have submitted breath samples in excess of .08 B.A.C., all is not necessarily lost. The B.A.C. readings are not always admissible as evidence against you at trial. If the readings are not admissible, the State must move forward in its prosecution on the observations of the arresting officer alone. These prosecutions may prove difficult for the State, particularly when the defendant has physical limitations or pre-existing medical conditions that may give the impression of intoxication or prevent an individual from performing standardized field sobriety tests satisfactorily.
Although the State of New Jersey has established that a .08 B.A.C. reading or higher is considered per-se intoxicated, there are often challenges that can be made as to how the test was conducted and the alcotest machine operation at the time the tests are conducted. These issues are often hard to uncover unless the person reviewing the discovery has the experience and knowledge on what to look for. Expert witnesses can be a useful tool to review and generate reports that raise these technical issues for your defense.
Before considering a guilty plea to a violation of N.J.S.A. 39:4-50 or pursuing the matter to trial, you should review your discovery to analyze the strength and weaknesses of your case. Unfortunately, this may prove a difficult task unless you are fully aware of the current case law and elements necessary for the State to prove its case against you. It is important that you consult professionals to insure you are making an informed decision regarding your case.
The State of New Jersey currently utilizes the Alcotest as its testing machine to establish Blood Alcohol Content by way of breath sample. Your Blood Alcohol Content is a key piece of evidence the State will attempt to use to establish the intoxication element of N.J.S.A. 39:4-50. However, there are requirements the State must establish in order to admit these readings into evidence at trial.
Often times a successful challenge to the admissibility of these readings can have a positive impact on your case. If you have submitted breath samples in excess of .08 B.A.C., all is not necessarily lost. The B.A.C. readings are not always admissible as evidence against you at trial. If the readings are not admissible, the State must move forward in its prosecution on the observations of the arresting officer alone. These prosecutions may prove difficult for the State, particularly when the defendant has physical limitations or pre-existing medical conditions that may give the impression of intoxication or prevent an individual from performing standardized field sobriety tests satisfactorily.
Although the State of New Jersey has established that a .08 B.A.C. reading or higher is considered per-se intoxicated, there are often challenges that can be made as to how the test was conducted and the alcotest machine operation at the time the tests are conducted. These issues are often hard to uncover unless the person reviewing the discovery has the experience and knowledge on what to look for. Expert witnesses can be a useful tool to review and generate reports that raise these technical issues for your defense.
Before considering a guilty plea to a violation of N.J.S.A. 39:4-50 or pursuing the matter to trial, you should review your discovery to analyze the strength and weaknesses of your case. Unfortunately, this may prove a difficult task unless you are fully aware of the current case law and elements necessary for the State to prove its case against you. It is important that you consult professionals to insure you are making an informed decision regarding your case.