Driving under the influence of alcohol is taken very seriously throughout the state of New Jersey. When an individual chooses to get behind the wheel with a blood alcohol content that is above the legal limit of 0.08 percent, they are putting the lives of everyone around them at risk. Of course, State and local law enforcement agencies are always on the lookout for individuals who may be driving while intoxicated. If you have been charged with driving while intoxicated in the state of New Jersey, you may find yourself in the wake of serious consequences, including fines, jail time, a license suspension, and more. Therefore, it is essential to retain the services of an experienced Bergen County first offense DWI attorney who can explore all possible defenses on your behalf. Contact the legal team at The Law Office of Attorney Conway today for strong legal representation.
When a law enforcement officer pulls a driver over on suspicion of driving while intoxicated, they will have to determine what the driver’s BAC is to assess whether they surpass the legal limit. There are a number of different consequences that an individual may face in New Jersey depending on their BAC. Drivers with a blood alcohol content that is higher than 0.08 percent but less than 0.10 percent may face the following consequences:
That being said, those arrested for a first-offense DUI with a BAC between 0.10 percent and 0.15 percent will most likely face the following penalties:
Those arrested for a first-offense DWI with a Blood Alcohol Content of 0.15% or higher face a 4-6-month license suspension, and they may also have to install and use the ignition interlock device in their vehicle for between 9-15 months, as well as pay several additional fines and fees.
DWI consequences are serious for anybody but especially for individuals who are under the age of 21 and are not yet legally allowed to consume or purchase alcohol. In these situations, the individual is breaking more than one law, so their penalties increase. If an intoxicated driver is under the age of 21 and has a blood alcohol content that is greater than 0.01 percent, they can be charged with an underage DWI. This can result in a license suspension between 30 and 90 days, community service for 15-30 days, participation at the IDRC and fines.
It is crucial for an individual who has been charged with a DWI to retain the services of an experienced criminal defense attorney that can effectively explore defenses to assist in reducing your penalties or having your case dismissed altogether. Some of the factors that may be looked at by an attorney include the following:
Did the police officer have a valid reason to pull you over?
If we can prove that you were stopped illegally and your 4th amendment rights were violated, it is a valid reason for a court to dismiss the charges you face. For a police officer to stop you, they must have a good reason. If they had no reason to stop your vehicle, we will bring that defense to court on your behalf.
Did the police officer abide by New Jersey’s 20-minute rule?
Police officers are obligated to wait at least 20 minutes before commencing with a breath test and observe the subject for any signs of regurgitation, including belches and vomiting, that could skew the results. Only until after a period of 20 minutes free of regurgitation may a police officer administer the test.
Was the field sobriety test given in accordance with regulation?
There are rules and regulations that allow a field sobriety test’s admissibility. Police offers must abide by rules when administering field sobriety tests, including reading the instructions to the subject, physically demonstrating the test, allowing females to remove footwear that could impact a test’s results, and recognizing a physical condition that makes it impossible to pass a field sobriety test.
If you have been charged with a first offense DWI in Bergen County, New Jersey, it is important to retain an experienced attorney as soon as possible. The Law Office of Attorney Conway has decades of experience fighting on behalf of clients when it matters most. Contact our firm today to discuss your situation.