Fighting For The Freedom

Of Clients Accused Of DWI



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Fighting For The Freedom

Of Clients Accused Of DUI

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 Results

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 a DWI?

Being arrested for DWI 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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I Wrote The Book On DWI… Literally!

Mr. Hernandez is an accomplished DWI attorney & also the author of New Jersey DWI Defense: The Law and Practice. Would you rather hire an attorney that read the book or the one that wrote it?

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Experienced New Jersey DWI Attorney Aggressively Defending Clients Against DWI Charges


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 successfully fight your charges. Unlike other attorneys, Steven Hernandez can identify flaws in the technical evidence that is often used to convict DWI defendants that can weaken the prosecution’s case against you. Steven Hernandez does not expect his clients to plead guilty to a crime they did not commit. He is prepared to mount a strong defense to beat the charges 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.

Steven Hernandez Wrote the Book on DWI Defense in New Jersey…LITERALLY!!”

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Is DWI A Criminal Charge in New Jersey?


In New Jersey, DWI is classified as a traffic offense, regardless of the number of prior violations. However, this does not mean that a DWI is similar to a traffic ticket. Don’t let this classification trick you into thinking that a DWI is not serious. DWIs may not be criminal charges, but they carry serious legal penalties that should not be taken lightly. A conviction can lead to license suspension, jail time, fines, community service, and many of the same penalties, some of which that are often imposed on criminal offenders.

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


The law states that a driver is intoxicated if their blood alcohol content (BAC) 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 negatively impact 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. Don’t expect to see a jury of your peers if your case makes it to trial. The judge presiding over your case will also determine your fate after both sides have had an opportunity to present their evidence. Don’t go through this complex legal process alone—let New Jersey Expert DWI Lawyer Steven Hernandez help.

How Can A New Jersey DWI Attorney Help?


Hiring an experienced 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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When Should You Contact A DWI Attorney?


Every minute matters in a DWI case. If you are facing DWI charges, it’s best to contact an experienced attorney as soon as possible. The sooner you hire an attorney, the sooner your attorney can start defending your rights and working towards the best possible outcome in your case. Having an attorney on your side alleviates some of the stress of navigating the legal system. An attorney will stand by you throughout every step in the legal process making sure you understand the latest developments in your case. Your attorney will also explain your legal options and help you decide what’s best for you and your family. From the start to the finish of your DWI case, your attorney will serve as your greatest ally and advocate. Don’t attempt to fight these charges without the help of a knowledgeable DWI attorney.

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 a three-month license suspension. The penalties are even more severe for first-time offenders who had a BAC of 0.10 or above at the time of their arrest. These offenders can longer driver’s license suspensions, fines, and the possibility of jail time. First-timers will also see a spike in their auto insurance rates for a period of three years following their arrest. The state of New Jersey does not take DWI lightly—even if you are a first-time offender. 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, with a maximum jail sentence of 90 days. A second DWI conviction can lead to mandatory 30 days of community service and a two-year license suspension. After the suspension is over, second-time offenders will need to install and use an ignition interlock device for a period of one to three years. 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 a repeat offender is convicted of DWI for the third time, the court can impose a sentence of 180 days in jail and a $1,000 fine. Third-time offenders will have their driver’s license suspended for a period of 10 years. The court will order third-time offenders to install and use an ignition interlock device for one to three years after their driving privileges have been restored. These offenders are high-risk drivers, so insurance rates will climb even higher now. Drivers should expect to pay an additional $1,500 surcharge for their auto insurance every year for three years. These penalties can affect your personal and professional life, so it’s important to fight the charges with the help of an experienced DWI attorney.

Latest News

DWI Checkpoints in Marlboro

Recently, the Monmouth County DWI Task Force ran a DWI and DUI checkpoint on Route 9, in Marlboro, New Jersey. If you were stopped in this ch...

DWI Checkpoints

DWI checkpoints—also known as roadblocks sobriety checkpoints—have become commonplace throughout New Jersey. Police set up these roadbloc...

Field Sobriety Testing

  Knowing your rights can help protect you from a wrongful DWI arrest. One of the rights you may not be aware of is the fact that you a...

DWI Probable Cause

Some people might think that the smell of alcohol on a driver who is pulled over by the police is the smoking gun indicating that he or she w...

Breath Test Errors

Truth be told, the results of breath tests are not suitable evidence to be used for DWI prosecutions. Breath testing is inaccurate, error-pro...

New Jersey DWI Limit

One of the main concerns with this measure is the poor way the current laws are being enforced. We constantly hear of blood and breath testin...

What is the Penalty for Multiple DWIs in New Jersey?


A DWI conviction can carry many different penalties, including jail time, fines, license suspension, community service, and increased auto insurance rates. A number of factors can affect a defendant’s sentence, including their prior record. Having a DWI conviction on your record can lead to enhanced penalties if you are convicted of this offense again within 10 years. Repeat offenders may spend more time behind bars, pay larger fines, and lose their driving privileges for a longer period of time. If you are not a first-time offender, it’s in your best interest to seek legal representation as soon as you are charged with DWI. Hiring an attorney may help you avoid some of these serious legal penalties.

Schedule A Free Consultation With A Skilled DWI Attorney Today


If you are facing DWI or other criminal charges, seek legal representation from The Hernandez Law Firm at once. Steven Hernandez is dedicated to helping each of his clients reach the best possible outcome in their case. He knows how a conviction can affect your future, which is why he will work tirelessly to beat your criminal charges. If you have been accused of committing DWI or other crime, there’s no time to waste. Let the experienced team of attorneys at The Hernandez Law Firm lead the fight for your freedom.

The Hernandez Law Firm is located in Toms River, New Jersey near Huddy Park and The Ocean County Library, approximately 1 mile from the Ocean County Superior Court. To schedule a consultation with our team, fill out the contact form on this website or call 732-286-2700. 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.