When a driver is charged with Driving While Intoxicated (DWI) they can face serious consequences. If an individual is found guilty of driving with a blood alcohol concentration (BAC) over the legal limit of 0.08%, they may be charged with a DWI. A person’s BAC can be determined through the use of a Breathalyzer or an Alcotest.
However, if a driver is found with a BAC of over 0.10%, they can be charged with a High BAC DWI. This is a completely different charge altogether. Courts and judges in the state of New Jersey are aggressive in charging those who drive while intoxicated, especially those with a very high blood alcohol content level. A High BAC DWI charge comes with more serious penalties than those of a regular DWI charge.
When law enforcement officers discover a driver with a High BAC, they are strict in enforcing charges and penalties. Drivers with a BAC of 0.10% or higher may face the following penalties:
- Up to 30 days in jail
- A suspended driver’s license for 7-12 months
- A fine between $300 and $500
- $100 to the Alcohol Education and Rehabilitation Fund
- $100 to the Drunk Driving Fund
- $75 to the Neighborhood Services Fund
- 12-48 hours in the Intoxicated Driver Resource Center
- The installation of an ignition interlock device during the license suspension and between 6-12 months after its restoration
It is important to know that the state of New Jersey does not issue hardship license to drivers. A hardship license is issued when a regular license is suspended, allowing individuals to drive under certain circumstances. A driver charged of a High BAC DWI cannot request a special license for any work or school necessities.
When facing a High BAC DWI charge, it is important to know the defense options that may free you of conviction. When an officer pulls over a suspected drunk driver, they are required to follow a certain set of steps and rules before they may charge someone. This may include:
- A lawful stop: A police officer must have probable cause to stop a driver on the road. If they did not, the arrest may be unlawful and the evidence may be thrown out of court.
- Field sobriety tests: Often times, officers will conduct a series of sobriety tests in order to determine if a driver is intoxicated. These tests must be administered by following the correct rules. If they are not, the evidence may be inadmissible in court.
- A breath test: When an officer pulls over a driver for a suspected DWI, they cannot administer a breath test right away. They are required to conduct an assessment of the driver and their condition for at least 20 minutes before doing so.
Contact our Firm
If you have been charged with aggravated driving while intoxicated and wish to speak with an experienced attorney, contact The Law Office of Kevin T. Conway today.