Fighting For The Freedom Of

Clients Accused Of a Crime or DWI



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    Fighting For The Freedom Of

    Clients Accused Of a Crime or DWI

    1. Receive Personal Attention on Your Case

    2. Free Initial Case Evaluation

    3. No Hype. No Hassle. No Lies.

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    Recent Case

    Our attorneys take great pride in the fact that we have helped hundreds of clients successfully beat their charges. Take a look at some of our most recent case results.

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    What To Do After
    Being Arrested?

    Being arrested for a crime is a nerve-wracking and stressful experience, especially for people who are unfamiliar with the legal system. Here’s what you should do in the days, weeks, and months after a DWI arrest.

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    DWI Laws Are Constantly Changing

    New Jersey lawmakers frequently revise DWI laws. Judges are constantly handing down new rulings, and law enforcement agencies are always devising new DWI enforcement techniques. Stay up to date on how DWI laws effect you.

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    A DWI conviction can mean losing your driving privileges, and more importantly, your freedom. Your personal and professional life is at stake, so it’s important to put your case in the hands of an attorney with the experience to fight the charges successfully. Attorney Steven Hernandez can identify flaws in the technical evidence that is often used to convict DWI defendants – flaws that can weaken the prosecution’s case against you.

    Steven Hernandez does not expect his clients to plead guilty to an offense they did not commit. He is prepared to mount a strong defense to beat a DWI charge and secure your freedom. There is no substitute for experience and training, which is why hundreds of clients have turned to The Hernandez Law Firm for help with their DWI cases. If you are facing DWI charges, take the first step towards protecting your rights by contacting The Hernandez Law Firm as soon as possible.

    Can You Face DWI Charges If Your
    BAC Was Below the Legal Limit?

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    The law states that drivers are intoxicated if their blood alcohol content (BAC) level is at or above the legal limit of 0.08%. Many people assume that this means you cannot face DWI charges unless your BAC is at or above the legal limit, but that’s not the case. You can face DWI charges if you are driving while under the influence of any amount of alcohol. It doesn’t matter how much alcohol was consumed, it only matters that it was enough to affect your driving. This means if a law enforcement officer believes you are too intoxicated to safely operate a vehicle, you can be arrested for DWI, even if your BAC is below the legal limit of 0.08%.

    Case Results

    What Happens After A DWI Arrest?


    Many people are nervous and scared after being arrested for DWI because they aren’t sure what happens next. For this reason, it’s important to know what to expect after a DWI arrest so you can prepare yourself. The first step in the legal process is the arraignment, which is a court hearing that takes place shortly after your DWI arrest. During this hearing, the judge will read the charges that have been filed against you and provide you with an overview of the penalties you may face. A lot of traffic cases are resolved with plea bargains, but prosecutors are not allowed to offer these deals in DWI cases.

    This means you have two choices: plead guilty and accept the full consequences of a DWI conviction or plead not guilty and continue to fight for your freedom. It’s possible that your charges will be dismissed before your case makes it to trial. However, this typically only occurs when there is an issue with the prosecution’s evidence that has severely weakened the case. The judge presiding over your case will determine your fate after both sides have had an opportunity to present their evidence. Don’t go through this complex legal process alone. Let experienced New Jersey DWI Lawyer Steven Hernandez help.

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    How Can A New Jersey DWI Attorney Help?

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    Hiring the right DWI attorney can have a major impact on the outcome of your case. An attorney will immediately begin to review the details of your case to look for potential weaknesses in the prosecution’s evidence. Did law enforcement officers follow the proper protocol when conducting chemical tests and storing samples? Did they have a valid reason to pull you over in the first place? Are the chemical test results reliable? If not, an attorney can bring these issues to light, which may lead to a dismissal of the charges. These are just a few of the many ways that an attorney can fight DWI charges on your behalf.

    Practice Areas

    DWI Defense

    There are a number of ways to beat a DWI charge, so being accused of this offense does not mean that you will be convicted. Attorney Steven Hernandez will review the details of your case to determine the most effective way to defend your rights and protect your freedom.

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    DWI Involving Drugs

    DWI charges can also occure if you are under the influence of illegal, prescription, or even over-the-counter drugs. These cases are known for their complexity, so you will need an experienced attorney to successfully fight the charges.​​

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    DWI Penalties

    You can face serious consequences for a DWI conviction regardless of whether you are a first-time or repeat offender. Fighting your DWI charge with the help of an experienced attorney is the only way to avoid jail time, fines, license suspension, and other penalties.

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    DWI Field & BAC Testing

    A number of tests are used to determine if a driver is intoxicated, including field sobriety, breath, and blood tests. But, the results of these tests are not always accurate. Steven Hernandez knows how to identify and prove inaccurate results to secure your freedom.

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    Is DWI A Criminal Charge in New Jersey?


    In New Jersey, DWI is classified as a traffic offense, but DWI charges carry serious penalties. Not every offender, however, faces a license suspension. A suspension isn’t required for first-time offenders arrested with a blood alcohol content (BAC) level below 0.15% – if the driver promptly installs an ignition interlock advice (IID) in his or her personal vehicle. Other possible penalties for a DWI conviction include community service, fines, and in some cases, time in jail.

    You can also face DWI charges if you drive under the influence of any intoxicating drug – whether that drug is illegal, prescribed, or over-the-counter. The type of drug does not matter – what matters is that you are impaired and unable to operate a vehicle safely. If you’re convicted of a drug-related DWI, you’ll face a 7-to-12-month license suspension, up to 30 days in jail, and fines and surcharges surpassing $3,500. A second conviction is punishable with from 2 to 90 days in jail and a 2-year driver’s license suspension along with higher fines and surcharges.

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    What Happens When You Get a DWI in New Jersey?


    Many DWI offenders think they will get off easy if it is their first offense, but that’s not always the case. First-time offenders can face hundreds of dollars in fines, up to 30 days in jail, and the mandatory installation of an ignition interlock device (IID) in the offender’s vehicle. Penalties are more severe for first-time offenders who had a BAC at 0.10% or higher at the time of their arrest. These offenders face a longer mandatory IID requirement, a higher fine, and possible jail time. First-timers will also see a spike in their auto insurance rates following their arrest. The State of New Jersey does not take DWI lightly – even if you are a first-time offender.

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    What Happens When You Get a
    Second DUI in New Jersey?


    Defendants with one DWI conviction on their record from the last 10 years will face enhanced penalties if they are convicted for the second time. The court can order second-time offenders to pay up to $1,000 in fines if they are convicted. These repeat offenders will also face at least 48 hours behind bars – and a possible maximum of 90 days. A second DWI conviction can also lead to a mandatory 30 days of community service and a one-to-two-year license forfeiture followed by a two-to-four years of mandatory IID use. These penalties, combined with the increased insurance rates, can affect every aspect of a second-time offender’s life.

    Is Jail Time Mandatory for a 3rd DUI in NJ?


    The court can impose a number of severe penalties on repeat offenders with two or more DWI convictions on their record from the last 10 years. If an offender is convicted of DWI for the third time within 10 years, the court can impose a sentence of 180 days in jail and a $1,000 fine.

    Third-time DWI offenders will forfeit their drivers’ licenses for a period of 8 years. The court will order third-time offenders to install and use an ignition interlock device for two to four years after their driving privileges have been restored. Third-time offenders are considered high-risk drivers, so their auto insurance rates will climb even higher. These drivers should expect to pay an additional $1,500 surcharge for their auto insurance every year for three years. These penalties can profoundly affect your personal and professional life, so it’s important to fight the charges with the help of an experienced DWI attorney.

    Latest News

    Penalties and fines: First-time offenses versus repeat convictions

    What Can I Expect If It’s My First Time DUI Offense in New Jersey? First, you must note that in New Jersey, the courts do not distingui...

    How Can Defense Attorneys Challenge Evidence in DUI-Related Vehicular Homicide Cases in New Jersey?

    Ways Your Attorney Can Help You Fight Vehicular Homicide Charges If you are facing a DWI charge in New Jersey, there are many potential optio...

    How New Jersey’s Marijuana Legalization Impacts DUI charges

    Can You Be Charged With DUI Related to Marijuana in New Jersey? While the terms DWI or DUI often make people think of driving after consuming...

    How Does New Jersey Prosecute Vehicular Homicide Cases Stemming from DUI Offenses?

    Understanding the Seriousness of a DUI-Related Vehicular Homicide Charge in New Jersey DUI charges should never be taken lightly. Whether it ...

    Penalties for Drug DUI Compared to Alcohol-Induced Offenses

    Are the Penalties for Drug DUI the Same as They Are for Alcohol DUI? The penalties for driving under the influence of drugs in New Jersey are...

    What Are the Long-Term Impacts of a DUI Conviction on Your New Jersey Driving Record?

    How Long Does a DUI Stay on Your New Jersey Driving Record? A DUI or DWI, which are interchangeable terms in this context, is a serious offen...

    Ignition Interlock Devices: When and How They’re Mandated

    If You’re Charged With a DWI, Will You Need an Ignition Interlock Device? When someone is faced with a DWI charge, their first concern migh...

    How Does New Jersey Differentiate Between DUI and DWI Offenses?

    What Is a DUI or DWI in New Jersey? In New Jersey, the terms DUI (driving under the influence) and DWI (driving while intoxicated) can be use...

    The Ins and Outs of Expungement Laws in New Jersey: How to Clear Your Criminal Record

    Are You Really Stuck With a Criminal Record Forever? Criminal charges can have long-lasting consequences, making it more difficult to get a j...

    Schedule A Free Consultation With A
    Skilled DWI Attorney Today


    If you are facing a DWI or other charges, contact The Hernandez Law Firm at once. Steven W. Hernandez is dedicated to helping clients reach the best possible outcomes to their cases. He is a criminal defense attorney and a highly sought-after teacher, trainer, and speaker. He is certified by the New Jersey Supreme Court as a Municipal Court Trial Lawyer, and he is a Board-Certified DUI Attorney certified by the National College for DUI Defense.

    Steven W. Hernandez doesn’t have to rely on expert witnesses as he has extensive training in all aspects of DWI law. He is a field sobriety test instructor and a certified operator of the Alcotest 7110 breathalyzer device. He has completed drug recognition expert overview training with over 120 hours of forensic science related to blood and urine analysis.

    To schedule a consultation, fill out the contact form on this website or call 732-582-5076. We have someone standing by 24 hours a day 7 days a week to take your call and ensure you receive the legal assistance you need.