Breathalyzer Test Validity in Question

Breathalyzer tests have been long-regarded as the most efficient means of telling whether someone is under the influence of alcohol. However, this common belief has recently been coming into question. There are various cases now being reported where police officers either improperly calibrated the machines or failed to adequately maintain them, resulting in skewed breathalyzer readings. Because of this, several cases across the country have been dropped. As a result, our firm now has one more potential defense we can use to fight DWI charges. If you have recently been charged with a DWI in New Jersey, here are some of the questions you may have:

What happens if I receive a DWI in New Jersey?

New Jersey has updated its DWI laws, set to go into effect December 1st. Starting December 1st, if you were caught driving under the influence, you may face the following penalties:

  • A mandatory 3-6 month installation and use of the ignition interlock device
  • A 30-day license suspension
  • A fine between $250-$500
  • Between 12-48 hours at the Intoxicated Driver Resource Center
  • Up to 30 days of imprisonment

What are the penalties for a second DWI offense in New Jersey?

The penalties for a second DWI in New Jersey are as follows:

  • Up to 90 days of imprisonment
  • A 2-year license suspension
  • A $500-$1000 fine
  • A $100 fee to the Drunk Driving Fund
  • A $75 fee to the Neighborhood Services Fund
  • A $100 fee to the Alcohol Education and Rehabilitation Fund
  • A $1000 yearly surcharge for 3 years
  • 12-48 hours in the Intoxicated Driver Resource Center

Will I permanently lose my license for a third DWI?

If you are being charged with your third DWI offense in the state of New Jersey, you may not lose your license forever, but you do risk losing it for an extremely long period of time. Here are some of the consequences you may face for a third DWI in the state of New Jersey:

  • A 10-year license suspension
  • Up to 180 days of imprisonment
  • A $1500 yearly surcharge for 3 years
  • Between 12-48 hours in the Intoxicated Driver Resource Center (IDRC)
  • A fine of $1000
  • A $100 fee to the Alcohol Education and Rehabilitation Fund
  • A $100 fee to the Drunk Driving Fund
  • A $75 fee to the Neighborhood Services fund

Contact our experienced New Jersey firm

Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.

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