(732) 582-5076HELPING CLIENTS FIGHT THEIR NEW JERSEY DWI CHARGES
Many people think there is no way to fight a DWI charge. However, that is not the case. It is important to remember that a DWI arrest will not always lead to a DWI conviction. The state of New Jersey will need to prove that you were drunk driving within a reasonable time of operation to convict you.
As a result, the legal process involved with convicting a defendant is not easy – especially when expert DWI attorney Steven Hernandez represents you. He will aggressively look for holes in the state’s evidence – including the results of field sobriety and chemical tests – to weaken their DUI case against you.
Many DWI defendants make the critical mistake of trying to handle their drunk driving charges without the help of a knowledgeable defense attorney. Defendants who fail to hire a skilled DWI lawyer often end up being convicted of drunk driving offenses that can negatively affect their lives, including being sentenced to jail time and steep fines.
Instead, it is always best to hire an experienced DWI defense lawyer who will fight to have the charges dismissed. Contact The Hernandez Law Firm, P.C. of Toms River, NJ, and ask to schedule a free consultation to learn more about our legal services and how we can help.
When Can an Individual Be Charged With a DWI in New Jersey?
New Jersey drunk driving laws are specific about when an individual may be charged with DWI. State law dictates that an individual may be charged with DWI if they operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or greater.
However, there are exceptions to New Jersey DUI laws that all motorists should understand. For example, individuals with a commercial driver’s license (CDL) are held to a higher standard and are only permitted to have a BAC of 0.04. Additionally, New Jersey has a strict zero-tolerance policy for individuals under the legal drinking age of 21. Underage drinkers can face significant fines and penalties such as driver’s license suspension, community service, and mandatory attendance in a drug and alcohol class.
It should also be stated that New Jersey uses the terms DWI and DUI interchangeably and makes no legal distinction between the two. If you or a loved one is facing a drunk driving charge, you must hire a skilled DUI attorney who can fight to protect your freedom and reputation.
What are the Criminal Penalties for a New Jersey DWI Conviction?
The criminal penalties for a DWI or DUI conviction vary depending on several factors, including prior drunk driving offenses, property damage, or if the incident resulted in others suffering injuries.
New Jersey penalties for DUI convictions include:
First-Time DUI Conviction
Penalties for a BAC of at least 0.08% but lower than 0.10% include:
- Up to a 30-day jail sentence
- Your driver’s license being suspended for up to 30 days
- A $300 fine
- Mandatory attendance at an Intoxicated Driver Resource Center (IDRC) for two consecutive 6-hour days
- An additional $1,000 a year increase for automobile insurance, applicable for three years
Second DUI Conviction
Second-time DUI conviction penalties include:
- Up to 90 days jail time
- A two-year driver’s license suspension
- A $500 to $1,000 fine
- Mandatory 48-hour detention and counseling in an IDRC
- An additional $1,000 a year increase for automobile insurance, applicable for three years
- Mandatory installation of an Ignition Interlock Device for up to three years after driving privileges have been restored
Third DUI Conviction
Penalties for a third DUI conviction include:
- A jail sentence of up to 180 days, 90 of which may be spent in an inpatient rehab center
- A 10-year driver’s license suspension
- A $1,000 fine
- Mandatory detainment in an in-patient treatment center and a fee paid to the IDRC
- An additional $1,500 a year increase for automobile insurance, applicable for three years
- Mandatory installation of an Ignition Interlock Device from 2 to 4 years after driving privileges have been restored
If you need further clarification regarding DUI penalties, contact The Hernandez Law Firm, P.C., and ask to schedule a consultation with a qualified legal team member who can answer your questions.
Can Your DWI Lawyer Challenge Field Sobriety Tests?
Law enforcement officers typically administer three field sobriety tests when they suspect a driver is drunk driving. These field sobriety tests include:
- Horizontal Gaze Nystagmus
- Walk-and-Turn
- One-Leg Stand
An officer may think you are intoxicated if you are unable to complete one or more of these tests. But the truth is that some people struggle to complete these tests successfully even when they are sober. Injuries, illnesses, uncomfortable footwear, weather, and even a bad case of nerves can affect your performance.
New Jersey DWI lawyer Steven Hernandez will fight the results by showing how other factors impacted your ability to complete these tests. He will work relentlessly to build a New Jersey DUI defense to ensure these unreliable field sobriety tests are not used to convict you of DUI charges.
Law enforcement officers also administer blood or breath tests to drivers suspected of DWI. These tests are more reliable than field sobriety tests but far from perfect. Law enforcement officers must follow specific procedures when administering both tests and failing to conduct them properly could affect the test outcome.
For example, officers must observe the driver for at least 20 minutes before administering a breathalyzer test to ensure the driver does not throw up, cough, burp, or do anything else that could affect the results. Failing to follow this or other procedures like it will lead to unreliable results.
However, drivers who refuse to submit to a breath test can be penalized. Motorists in New Jersey are subject to implied consent laws that require them to submit to a Breathalyzer test when arrested for suspicion of DWI.
What is Blood Alcohol Content?
New Jersey law stipulates that the legal limit for driving while intoxicated is 0.08% blood alcohol concentration (BAC). In DWI cases, an individual’s BAC is often crucial to whether they may be convicted of a DUI charge.
However, even though prosecutors and DUI defense lawyers often use the term BAC, many defendants are unsure what it exactly means. A BAC test determines how many grams of ethanol alcohol are present per 100 milliliters of blood in your system.
In DUI cases, defendants with a BAC of 0.08% or higher may be found guilty of drunk driving offenses. Individuals registering a BAC of 0.10% or higher or driving under the influence of drugs are also subject to the same penalties. However, they may be required to pay a fine of up to $500 and have their driver’s license suspended for 7 to 12 months. Finally, individuals who registered a BAC of 0.15% or higher may be ordered to install an ignition interlock device on their vehicle for up to three years after their driving privileges are restored.
Finally, the general public has a misconception that individuals with a BAC of less than 0.08% cannot be charged with a DUI. However, this is not true, and police officers may decide to arrest a person based on their conduct during the stop, slurred speech, and performance during field sobriety tests.
Due to the complexities associated with DWI law and BAC legal issues, individuals charged with drunk driving should consult with a qualified lawyer immediately.
Why Should I Hire Your New Jersey DWI Attorney to Help Me With My Legal Issues?
If you have been charged with a DWI, you need aggressive legal representation to protect your driver’s license, freedom, and reputation. Steven Hernandez is a highly skilled attorney who has completed DWI Detection and Field Sobriety Testing training, which are the same courses law enforcement officers must take.
Mr. Hernandez knows how to analyze a DWI case carefully to look for issues regarding the administration of chemical tests. He will also review your case to determine if errors were made when collecting or storing your blood sample. If there is an issue with your chemical tests, Steven Hernandez will discover and use it to your advantage.
Attorney Steven Hernandez is certified by the New Jersey Supreme Court as a Municipal Court Trial Lawyer and a Board-Certified DUI Attorney certified by the National College for DUI Defense.
Therefore, seeking legal representation from experienced DWI attorney Steven Hernandez as soon as possible is in your best interest. Steven Hernandez has specialized DWI training and extensive legal experience, which has helped him successfully beat DWI charges for his clients throughout the state. Unlike other New Jersey DWI lawyers who often encourage their clients to take quick deals from the state, Steven Hernandez fights to dismiss the charges so you can resume your life.
To schedule a free consultation, call The Hernandez Law Firm, P.C. of Toms River, NJ, at 732-582-5076 or submit your information using the contact form on this website.