Morristown DWI Lawyer
Protecting Clients Following a DWI / DUI Offense in New Jersey
New Jersey has some of the harshest drinking and driving penalties in the country.
Convictions for DWI/DUI and other serious traffic offenses can result in:
- Loss of license
- Jail time
- Installation of an interlock device
- Thousands of dollars in fines
- Increased insurance costs
If you have been arrested for a DUI in New Jersey, get the help of an experienced Morristown DWI lawyer by calling The Law Offices of Joseph S. Scura and scheduling a consultation.
Call our Morristown DWI lawyer at (973) 832-0841 now and get started on learning more about your case and what strategies to pursue.
Penalties for DWI / DUI in New Jersey
DWI Defense in New Jersey has developed into a complex, highly technical field that combines aspects of criminal defense with aspects of science and procedures unique to the area of DWI/DUI. You can visit the Motor Vehicles Website for a summary of the associated penalties. People often misunderstand that you do not need to be impaired or "intoxicated" to be convicted of DWI—it is a violation of the law to operate a vehicle with a blood-alcohol content of .08 or above, regardless of the level of impairment.
Penalties for a DUI or DWI can include:
- Fines between $250-1,000 depending on whether this is your first offense
- License suspensions ranging from three months to ten years
- Jail sentencing
Unlike other states, New Jersey does not allow for a conditional or “worker’s” license, meaning a driver suspended for DWI cannot operate a vehicle for any reason. If a driver is caught operating a vehicle while under suspension for DWI, there are substantial enhanced penalties, including mandatory jail time.
To successfully defend DWI charges, you must first challenge the results of any blood alcohol test—usually the Alcotest which calculates BAC from breath samples. Only when the blood alcohol results are suppressed or undermined does the focus shift to actual impairment. Another possible defense strategy is to plead what is known as a “wet reckless,” reducing the charge from a felony down to a misdemeanor. Our DWI attorney in Morristown, NJ has successfully defended a number of DWI cases where the odds seemed to be stacked against the accused.
What’s the Difference Between DUI and DWI in NJ?
There is no difference between DUI and DWI in New Jersey. So they can both be used without any error. Prosecution and sentencing can be used interchangeably. Driving under the influence of alcohol and drugs are both under the same set of statutes. DWI and DUI both have the same set of consequences, detainment, surcharges, license suspensions, and program requirements.
How Long Does a DWI Stay on Your Record in NJ?
In New Jersey, a DWI conviction will stay on your record for the rest of your life. A DWI can affect a present DWI depending on the length of time between DWIs. For example, if you were charged with a DWI within ten years of your previous conviction, the second DWI will be charged with harsher penalties. If you receive a second DWI within ten years of your first DWI conviction, then the second DWI will become a first DWI. If you win a DWI conviction, there are still certain complications that can still arise from the case such as higher insurance rates, trouble passing job screening.
Can You Get Fired for a DUI in NJ?
In New Jersey, a DWI conviction will not prevent you from being hired or fired from a school job, but if your job requires you to drive, then your employer can fire you.
Refusal to Submit Breath Samples
Refusing to submit to a breath test in New Jersey is a separate offense in and of itself (N.J.S. 39:4-50.4a). Many people arrested on suspicion of DWI believe that the way to “beat” a DWI is to refuse to provide a breath sample. That may have been the case years ago, but the State of New Jersey has since closed that loophole by enacting stiff penalties for those that refuse to take the test. A first conviction for refusal carries a minimum 7 month loss of license (up to 12 months) and the same financial penalties of a DWI. (Note-the law on this issue differs from state to state, the foregoing only apples to the NJ).
Call our Morristown DWI Attorneyat (973) 832-0841 now and get started on your consultation today.
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