(732) 582-5076Helping Clients Fight Driver’s License Suspensions
If you are facing a possible driver’s license suspension, you cannot afford not to hire a lawyer to protect your driving privileges. Having your driver’s license suspended can negatively impact your life, impeding your ability to get work, take your children to school, and many other necessary activities. Furthermore, if you hold a commercial driver’s license, you cannot work and provide for yourself and your family.
In some instances, depending on the circumstances of the case, individuals may not only have their license suspended but also face mandatory jail time.
Therefore, anyone charged with traffic violations that could result in a license suspension must hire a New Jersey defense lawyer who can fight to protect their legal rights.
Contact The Hernandez Law Firm, P.C. of Toms River, New Jersey, and ask to schedule a free consultation so that we may determine your legal options.
Does Every DWI Offender Face a License Suspension in New Jersey?
Many people know that DWI convictions often lead to jail time, community service, and fines. One penalty that some people fear is mandatory license suspension, but if you are a first-time DWI offender in New Jersey, a license suspension may not be required.
Suppose you are a first-time DWI offender, and your blood alcohol content (BAC) level at the time of your arrest measured below 0.15%. In that case, you can install an ignition interlock device (IID) in your vehicle, and your license will not be suspended.
However, if a first-time offender’s BAC level was at or above 0.15% at the time of the arrest, the driver’s license is suspended for 4 to 6 months. After the suspension, the period of mandatory IID use is 9 to 15 months.
First-time offenders should clearly understand that if their BAC level exceeds 0.15% at the time of the arrest or if the charge involves drugs other than alcohol (whether or not those drugs were illegal, prescribed, or over-the-counter), they will temporarily lose their driving privileges.
Repeat offenders will face longer license suspensions and more extended periods of mandatory IID use. If you are convicted a second time for DWI within 10 years, your license will be suspended for a period of 1 to 2 years. If you are convicted a third time for DWI within 10 years of your second DWI, your license will be suspended for a period of 8 years.
After a license suspension, you must pay a restoration fee to restore your driving privileges. To learn more about how long your driver’s license may be suspended or how the Ignition Interlock Device works, contact our law offices and ask to schedule a free consultation.
What About Drug-Related DWI Charges?
You may not drive in New Jersey under the influence of any drug – whether that drug is illegal, prescribed, or over-the-counter – if the drug impairs you and you are unable to operate a vehicle safely. If the DWI charge against you is a drug-related DWI, a 7-to-12-month driver’s license suspension is mandatory upon conviction. You could serve up to 30 days in jail and pay fines and surcharges surpassing $3,500. A second drug-related DWI conviction is punishable with 2 to 90 days in jail and a 2-year license suspension, along with higher fines and surcharges.
You must never plead guilty to any alcohol or drug-related charges that could result in a suspension. Instead, it is always best to hire an attorney who will fight to help you keep your driver’s license.
Can I Get A Restricted License After A License Suspension?
Most states offer certain DWI or DUI offenders the chance to obtain a hardship or restricted license after a license suspension. A restricted license allows these offenders to operate a vehicle for specific reasons, such as getting to and from work.
The State of New Jersey does not offer restricted licenses to DWI offenders. Instead, DWI offenders are ordered to have IIDs installed in their vehicles. For a first offense with a BAC level at or below 0.15%, IID installation before a conviction means the criminal offender can avoid a license suspension entirely.
However, individuals dealing with driver’s license suspension issues should never try to handle their cases independently. Instead, contact our knowledgeable attorney to learn more about our legal services.
Will I Face a Commercial License Suspension After A DWI Arrest?
Commercial drivers are held to higher standards in New Jersey and will face harsher penalties if they break the law by driving while intoxicated. Unlike other drivers who are allowed a legal limit is 0.08% BAC, CDL holders are only permitted to have a blood alcohol concentration of 0.04%.
Additionally, if you are a commercial driver, federal law requires any CDL (commercial driver’s license) holder convicted of DWI, DUI, or refusing a breath test to surrender the CDL for one year.
However, first-time offenders may face a 3-year CDL suspension if they were transporting hazardous materials at the time of their arrest.
If you hold a CDL and you are convicted of DWI for a second time, you will lose your commercial driving privileges for life. It does not matter whether you were driving your vehicle or a commercial vehicle at the time of your arrest. However, a permanent suspension of your commercial driver’s license is only one of the penalties you’ll face.
Commercial drivers need a CDL to work; losing these driving privileges could force them to find new employment.
If you need further clarification about how federal and state law can affect your ability to retain your commercial driver’s license, contact Steven Hernandez at the Hernandez Law Firm, P.C. so that we may assess your DWI case.
What Makes Your Suspended License Attorney the Best Choice for My Legal Needs?
Are you facing DWI charges or other traffic violations that could result in a driver’s license suspension? Don’t give up without a fight. If you have received a Scheduled Suspension notice from the New Jersey Motor Vehicle Commission, you need a highly skilled attorney who is fearless in standing up for clients.
Our law offices have a proven track record of being able to assist clients with driver’s license suspension issues that stem from the following types of issues:
- Driving with a suspended license
- Failure to pay surcharges
- Open tickets or other outstanding fines
- Reckless driving
- Failure to pay child support
Regardless of why your license was suspended, our dedicated suspended license defense attorneys are dedicated to helping you handle your legal needs so you can resume your life.
Contact Steven Hernandez at The Hernandez Law Firm to learn how our attorneys can help. To schedule a free consultation, call (732) 582-5076 or fill out the contact form on this website.