DWI Attorney in Morristown, NJ

Over a Decade of DWI Defense. Three-Time Super Lawyers Rising Star.

New Jersey has some of the harshest drinking and driving penalties in the country, and a DWI arrest puts your license, your finances, and your freedom at risk. A conviction under N.J.S.A. 39:4-50 can mean thousands of dollars in fines, a suspended license with no conditional driving privilege, mandatory ignition interlock device installation, and potential jail time. An arrest isn’t a conviction, though, and the quality of your defense matters enormously.

Plea bargaining in New Jersey DWI cases was prohibited for decades. That changed in February 2024, when the New Jersey Supreme Court rescinded the longstanding ban after the legislature amended N.J.S.A. 39:4-50 to authorize plea agreements upon prosecutor recommendation. Plea bargaining is now permitted, but it isn’t guaranteed. Prosecutors retain discretion over whether to engage, and rigorous defense remains essential to the best possible outcome. Law Offices of Joseph S. Scura has been defending clients against DWI and DUI charges in Morristown for over a decade, and Joseph Scura has been recognized as a Rising Star in criminal defense by Super Lawyers Magazine for three consecutive years. We offer a free initial consultation so you can understand your options before making any decisions.

Contact our Morristown DWI attorney at (973) 832-0841 to schedule your free consultation and start building your defense.

What a DWI Conviction Costs You in New Jersey

DWI defense in New Jersey is a highly technical field that combines criminal defense with science and procedural law in ways that catch many drivers off guard. One common misunderstanding: you don’t need to feel impaired or appear intoxicated to be convicted. It’s a violation of New Jersey law to operate a vehicle with a blood alcohol concentration (BAC) of .08 or above, regardless of your perceived level of impairment.

A DWI or DUI conviction can carry the following penalties:

• Fines ranging from $250 to $1,000 depending on the offense number and BAC level
• License suspensions ranging from three months to 10 years
• Mandatory installation of an ignition interlock device
• Jail time, which increases significantly for repeat offenses
• Surcharges, fees, and substantially increased insurance costs

Unlike most other states, New Jersey doesn’t issue conditional or “worker’s” licenses. A driver suspended for DWI can’t operate a vehicle for any reason, without exception. If you’re caught driving while under a DWI suspension, you face enhanced penalties that include mandatory jail time. You can review the New Jersey Motor Vehicles Commission’s published summary of DWI penalties for additional detail.

Why Morris County Clients Choose Law Offices of Joseph S. Scura

Joseph Scura has spent over a decade handling criminal defense cases in Morristown and throughout Morris County. That experience translates into familiarity with the local judicial landscape, including the procedures and expectations at Morristown Municipal Court and Morris County Superior Court. We know the courts where your case will be heard.

Clients receive personal attention from Joseph Scura directly, not a rotating team of associates. We communicate transparently throughout the process so you understand what’s happening and why. Joseph Scura’s three consecutive Rising Star recognitions from Super Lawyers Magazine reflect the level of advocacy we bring to cases ranging from first-offense DWI to complex matters involving companion charges.

How We Defend DWI Charges in New Jersey

Because plea bargaining isn’t guaranteed in New Jersey DWI cases, a strong defense is built around undermining the prosecution’s evidence. We examine every element of the case, starting with the initial traffic stop.

Defense strategies we evaluate in DWI cases include:

• Legality of the traffic stop: If the stop lacked reasonable suspicion, evidence gathered afterward may be suppressible.
• Field sobriety test challenges: Medical conditions, footwear, road surface, and other factors can explain performance unrelated to impairment.
• Alcotest 7110 breath test administration: New Jersey uses the Alcotest 7110 as its official breath-testing device. Its calibration records, maintenance logs, and the required 20-minute observation period before testing are all subject to legal scrutiny.
• BAC suppression: When breath test results are suppressed or undermined, the focus shifts to whether actual impairment was independently demonstrated.
• Plea negotiations: Where prosecutors are willing to engage, a charge reduction to reckless driving involving alcohol, known as a “wet reckless,” may be a viable outcome that avoids a DWI conviction on your record.

We’ve defended many DWI cases in which the evidence initially appeared to favor the prosecution. Every case is different, and we’ll give you an honest assessment of the defenses available to you.

DUI vs. DWI in New Jersey: What’s the Difference?

DUI (driving under the influence) typically refers to impairment by drugs or alcohol, while DWI (driving while intoxicated) typically refers to alcohol intoxication. New Jersey law makes no meaningful distinction between the two terms. Both are prosecuted under the same statute, N.J.S.A. 39:4-50, and carry identical penalties, license suspensions, surcharges, detainment exposure, and program requirements. The terms are used interchangeably throughout this page and throughout the New Jersey court system.

How Long Does a DWI Stay on Your New Jersey Record?

A DWI conviction in New Jersey stays on your driving record for life and can’t be expunged. That permanence has real consequences, particularly for how future DWI charges are sentenced.

New Jersey applies a 10-year lookback period to DWI sentencing. If you’re charged with a second DWI within 10 years of a prior conviction, the new charge is sentenced as a second offense, which carries significantly harsher penalties. If more than 10 years have passed since your prior conviction, the subsequent charge may be treated as a first offense for sentencing purposes. Beyond sentencing, a DWI conviction can lead to substantially higher auto insurance rates and may complicate employment background screening, particularly for positions that require operating a vehicle.

Can You Be Fired for a DWI in New Jersey?

A DWI conviction doesn’t automatically disqualify you from most jobs in New Jersey. However, if your position requires you to drive, an employer may terminate or decline to hire you based on the conviction and the resulting license suspension. The practical employment consequences depend heavily on your occupation and your employer’s policies.

Refusal to Submit to a Breath Test

Refusing to submit to a breath test in New Jersey is a separate offense under N.J.S. 39:4-50.4a, independent of the underlying DWI charge. Many drivers believe that refusing the test is a way to avoid a DWI conviction. New Jersey closed that approach by enacting strict penalties for refusal: a first conviction carries a minimum seven-month loss of license, up to 12 months, along with the same financial penalties as a first-offense DWI. Refusing the test doesn’t prevent the state from pursuing the underlying DWI charge. Note: refusal law varies by state; the above applies to New Jersey only.

Call our Morristown DWI attorney at (973) 832-0841 now and get started on your free consultation today.