DWI/DUI - Drunk Driving/Drugged Driving

Of all the traffic tickets you can receive this is one of the most serious.  It is one of the few things which cannot be pled down to a lesser charge, including murder.  The penalties for driving while under the influence of alcohol or drugs can be life-changing:

  1. First time offenders who have Blood Alcohol Concentration (BAC) above .08 but under .10 can be subject to fines not less than $250.00 or more than $400.00 as well as up to 30 days in jail at the discretion of the court. Offenders will also be required to have an ignition interlock device installed in their vehicle for a period of three months. The offenders license will remain suspended until an interlock device is installed. First time offenders who have a BAC of at least .10 but under .15 will be subject to fines not less than $300.00 or more than $500.00 as well as up to 30 days in jail at the discretion of the court. Offenders will also be required to have an ignition interlock device installed in their vehicle for a period of 7-12 months. The penalties for a DWI involving narcotics or other drugs will be the same as these penalties with the exception of not requiring and ignition interlock device. Alternatively the offender will face between 7-12 months with a suspended driver’s license. Offenders who have a BAC over .15 face suspension of their license for 4-6 months. During this time an ignition interlock device must be installed and remain installed for 9-15 months. All first offenders will also be required to to attend 12 hours of classes at the Intoxicated Driver Resource Center.

  2. Second time offenders will be subject to fines of not less than $500.00 or more than $1000.00, as well as up to between 2 and 90 days in jail at the court’s discretion. Second time offenders will also be required to attend 48 hours of classes at the Intoxicated Driver Resource Center along with 30 days of community service. Offenders will face suspension of their license for a period of 1-2 years and be required to have an ignition interlock device installed for a period of 2-4 years after their driver’s license suspension is over.

  3. Third time offenders will be subject to a fine of $1000.00 as well as at least 180 days in a county jail. By voluntarily participating in an inpatient drug or alcohol rehabilitation program that is approved by the Intoxicated Driver Resource Center this sentence can be lowered by up to 90 days. Offenders will face suspension of their license for 8 years as well as require an ignition interlock device for a period of 2-4 years after their driver’s license is restored.

You can get a DWI for being able to operate any motor vehicle on a public street.  This includes boats, or even a car that has run out of gas.  In addition to the loss of license there are various fines and mandatory programs which you must attend. 

DWIs are the some of the most complicated types of cases for a criminal practitioner to handle.  This does not mean they cannot be won, it means that there are many moving parts, and many angles that need to be addressed in order to succeed.  For example:

  • Were you even driving? 

    • The State has to prove that you were operating a motor vehicle before they can try to prove anything else.

  • Why was your car stopped?

    • A police officer needs to have reasonable and articulable suspicion that you were breaking a criminal or traffic law before they can pull you over.

  • How did you perform on the Standardized Field Sobriety Tests? 

    • Even sober people fail the balance tests.  This is why they must be administered under strict  procedures and instructions to ensure accuracy.

  • Why you were arrested? 

    • There may not have been enough proof for police to take you into custody and bring you in for a breath test.

  • What were the circumstances surrounding your breath test? 

    • Many factors can affect the accuracy of the test's readings, including whether the plastic mouthpiece you blew into was changed, whether you were observed for 20 minutes before the breath test to ensure you did not burp or belch, whether all electronics were taken out of the room during the test, and whether the machine had been calibrated properly, as well as many many others.

  • If you refused to take a breath test, were you informed of the penalties for refusing? 

    • You must be informed of the penalties for refusal if the police think that you are opting not to blow into the machine.

  • If blood was drawn from you, did you give consent to take your blood for testing?

    • In NJ, you cannot be forced to provide a blood sample without your consent or a particular warrant from a judge permitting an officer to take it.

  • Are you a woman over the age of 60 charged with refusal? 

    • The NJ Supreme Court has held that women over the age of 60 may have challenges with blowing into the Alcotest machine, which could result in a false refusal charge.

  • Are you a diabetic? 

    • When diabetics go into insulin shock, they act erratically and their bodies begin to process in a way that their breath smells like alcohol.

  • Do you have any permanent dental work?

    • It is possible that alcohol can get trapped inside the crevices of your bridge or dentures, which can lead to a breath test result that is higher than it should be.

There are also cases that arise from a DWI that expose you to penalties that pale in comparison to the DWI:

  • Vehicular Manslaughter - Getting into a motor vehicle accident which results in the death of another person.

  • Assault by Auto - Getting into a motor vehicle accident which results in injury to another person.

  • Endangering the Welfare of a Minor - Operating a motor vehicle after drinking with a minor child in the car.