December 1, 2024
It’s common knowledge that certain impaired driving arrests are more serious than others. For instance, one would expect enhanced charges if a person got into a collision or had a child passenger while drunk driving. However, there are also enhanced penalties in New Jersey for high blood alcohol levels in DWI cases.
The reasoning behind this is that statistics show that the risk of collisions increases as a person’s blood alcohol content (BAC) rises. However, the system is flawed by design since impaired driving charges are sometimes inappropriate for a situation. If you’re facing enhanced charges for high BAC in a New Jersey DWI case, there are a few things you should know.
If a person has a blood alcohol content of 0.08%, they are assumed to be intoxicated under the law. This is true in New Jersey and every other state — although legal BAC levels can differ for certain drivers (e.g., underage, commercial). When someone has a blood alcohol content between 0.08 and 0.10% in New Jersey, they’ll face standard DWI penalties.
Upon a conviction, defendants in these cases can face jail time of up to one month and fines of up to $400. A 30-day jail term is unlikely for a first-time conviction, but DWI classes will typically be required — on top of a three-month driver’s license suspension. Add this to potentially thousands of dollars in insurance surcharges, and even standard penalties are disastrous.
New Jersey’s enhanced penalties for high BAC levels in DWI cases start to get extremely serious when a person’s blood alcohol content is at 0.10% or higher. While the maximum incarceration term is still a month, being sent to jail becomes more likely. License suspensions also become more serious — with a loss of up to one year for a first-time conviction.
DWI classes in the Intoxicated Driver Resource Center (IDRC) will be required, similar to the standard DWI penalties. However, it’s at this point that defendants will probably be required to obtain an Ignition Interlock Device (IID). Once the person gets their license back, they will have to blow into the IID to start their car for 7-10 months.
Unfortunately for some individuals, penalties get even worse at the 0.15% BAC level.
When a person’s blood alcohol content exceeds 0.15%, they will face the most severe penalties under the law. While potential fines do not increase from the 0.10% level, the Ignition Interlock Device requirement is immediate. Additionally, individuals convicted of driving while intoxicated with a BAC of 0.15% or more will have to keep the IID on their vehicle for an extended period.
Since the fee for this device is paid by the defendant, this can become incredibly expensive. Add this to the fact that car insurance rates continue to rise, and it becomes clear that a conviction for impaired driving is a costly endeavor. However, it’s important to understand that — even if the breathalyzer says you’re intoxicated — it doesn’t necessarily mean you’re guilty under the law.
Enhanced penalties for high blood alcohol content in New Jersey DWI cases are not the only issue that defendants have to worry about. For instance, sentencing will be more severe for individuals who have been convicted of drunk driving in the past – even if they don’t necessarily qualify for increased penalties due to high BAC levels.
It’s also worth noting that commercial drivers and school bus drivers have a lower BAC threshold to face DWI charges. When pulled over, these individuals can be charged if their BAC reaches 0.04%. For underage drivers, the legal threshold is even lower. There’s essentially a zero-tolerance policy under NJ law, so even a BAC of 0.01% can result in charges.
Whether you’re caught up in a DWI checkpoint or officers claim they had a reason to pull you over, it’s important to understand that you’re considered innocent until proven guilty. While it might not seem this way – particularly after being arrested – this nuance of the law means you have the right to defend yourself against the charges.
There are various ways to do this:
Keep in mind that this list is far from exhaustive. The facts of your case will dictate the appropriate approach to contesting the charges against you. Engaging in plea negotiations may be in your best interest, but going to court is also frequently an effective solution. The real question comes down to whether you’re able to properly navigate the system.
If you find yourself facing drunk driving charges, it’s important to understand what you’re up against. Even if you’re not eligible for enhanced penalties for high BAC in New Jersey DWI cases, a conviction will have long-lasting consequences and an immediate effect on your life. Unfortunately, many people choose not to seek legal counsel when facing these charges.
There are several potential motivations for this decision. For some, the idea of hiring a DWI defense attorney seems pointless. After all, police likely have breathalyzer or blood test evidence. However, the DWI defense strategies available mean that a conviction is never a foregone conclusion. A lawyer can help you craft a convincing defense.
Others believe getting legal advice is too expensive, but at Hernandez Law Firm, we offer free consultations. If you’re facing standard or enhanced penalties for high BAC in New Jersey DWI cases, contact us at 732-582-5076 to discuss your case.
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