If you are charged with a DWI in the state of New Jersey, the courts will not have sympathy for you. A DWI charge may impact several different facets of your life, and it may follow you for years to come. That being said, if you are charged with a high BAC (Blood Alcohol Content) DWI, you may face even harsher penalties. Generally, a DWI means you were pulled over while driving with a blood alcohol content of 0.08%-0.10%. However, anything over 0.010% is a “high BAC” charge. If you have been charged with an escalated DWI, you must contact an experienced lawyer as soon as possible. A lawyer may be your best bet in retaining a clean record. If you are being charged with a high BAC DWI, here are some of the questions you may have:
What are some of the penalties for a high BAC DWI?
If you were caught driving with a blood alcohol content of .10 percent or better, you may be facing the following consequences:
- Jail time for up to 30 days
- Driver’s license suspension for 7-12 months
- A $300-$500 fine
- $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
- Ignition Interlock Device during license suspension and 6-12 months after license restoration
Unfortunately, New Jersey does not offer a hardship license to those convicted of high BAC DWI’s. This means that if you are convicted, you will not obtain a license to drive to and from work or school.
Are there any defenses to a high BAC DWI?
Fortunately, there are some potential defenses, and with the right attorney, you may avoid a disaster unscathed. First, an experienced attorney will check to see whether the officer had probable cause to stop you. If the officer did not, you may have been unlawfully arrested, in which case the evidence against you would most likely be inadmissible. If this was not the case, an attorney will then take a look at the field sobriety test you were administered at the time of your arrest. When law enforcement does not follow protocol when administering a field sobriety test, the evidence against you may be inadmissible in court. Lastly, an attorney will look at the breathalyzer test. According to New Jersey law, a police officer must wait 20 minutes free from any signs of regurgitation to administer a breath test or the evidence could be inadmissible.
Contact our New Jersey firm
If you or someone you know was charged with a high BAC DWI and wishes to speak with an experienced attorney, contact The Law Office of Kevin T. Conway today.