DWI

NJ DWI Laws-Blood Alcohol Concentration (BAC) Limits in NJ

If you are suspected of Driving While Intoxicated in New Jersey, the concerned officer will stop you and take you through a series of field sobriety tests. Your blood alcohol concentration or BAC will be determined by using a breathalyzer or blood test. It is important to be aware of the BAC limits under New Jersey law.

BAC Limitations and Penalties:

Drivers who are 21 and above

If you are of 21 years of age or older, and are caught driving with a BAC of 0.08% or higher in New Jersey, you may be convicted of DWI. This standard is applicable to drivers who are legally allowed to consume alcohol.

DWI with a BAC of 0.08%-0.09% may carry a fine of $250-$400 with up to 30 days in jail, IDRC classes and a 3 month drivers license suspension. DWI with a BAC of 0.10% or higher may carry a fine of $300-$500, with a drivers license suspension ranging from 7 months to 1 year.

Drivers under the age of 21

If a driver under the age of 21 is caught with a BAC of 0.01% or 0.07%, he/she may be convicted of underage DWI. DWI with a BAC of 0.01%-0.07% may include penalties of 30-90 days license suspension and 15-30 days of mandatory community service.

Commercial (CDL) Licensed Drivers

Commercial drivers (holders of CDL licenses) who are driving commercial vehicles and whose BAC is 0.04% or higher may be charged with DWI. A DWI conviction may result in a suspension of their CDL license in addition to their driving license.

BAC Under the Limit Can Still Result In DWI

A BAC of less than 0.08% does not mean you can avoid a DWI charge. Police can decide you are intoxicated based on your performance in the field sobriety tests, your speech, other behavior and your driving conduct. If you have any amount of alcohol in your body that  affects your driving, you may still be charged with DWI.

Contact DWI Defense Attorney in NJ

If you have been accused of DWI and are in need of legal help, contact our New Jersey DWI defense attorney at The Law Offices of Joel Silberman, LLC. We focus exclusively on DWI defense.  Call us today at 201-420-1913 or email us at joel@joelsilbermanlaw.com.

 

Penalty for a DUI Charge

Penalty for a DUI Charge

Like any other criminal charge, a person charged with driving under the influence (DUI) is presumed innocent until he/she is proven guilty. If you are found guilty, the penalty will depend on the state law, as well as on any other circumstances, e.g., if there was an open bottle of liquor in the car; and your cooperation with the police. The following are the penalties for a DUI charge:

Jail Time

In all states, first-offense DUI is a misdemeanor, and punishable by up to six months in jail. This jail time can be increased under certain circumstances. In some states, if the blood-alcohol content at the time of arrest was very high and crossing the legal limit of 0.08%, the punishment can be more severe.

In most states, a minimum jail sentence of at least several days on a first offense is required. Subsequent offenses will result in a jail sentence of several months to a year.

For a DUI that is a felony because either the driver killed or injured someone, or because it’s your third or fourth DUI, a jail sentence of several years can be given.

Fines

Courts also impose high fines for a DUI in addition to a jail sentence. This can range from $500 to $2,000.

License Suspension

Your license can be suspended for a considerable period of time. In many states, a first time offender’s license can be suspended for 90 days. A second time offender’s license can be suspended for one year; and a third time offender’s license can be suspended for three years. If you refuse to take a blood, breath, or urine test, it can result in license suspension. In some states, if you are a repeat offender, you may not be allowed to get back on the road. Your registration can be canceled temporarily or permanently and the state may confiscate your car.

Young Offenders

In most states, the legal drinking age is 21. A minor who is arrested for driving while under the influence will not get any respite from punishment. Adult sentences on minors can be imposed, and their license suspended for one year.

Other Forms of Punishment

In many states, a court sentence may include alcohol education and prevention programs, rehabilitation for alcohol abuse, assessment of a person for alcohol or drug dependency, and community service or victim restitution. If you are a first time offender, these programs can be recommended instead of jail time or paying fines.

Other Consequences

Your insurance company may also cancel the insurance policy or increase the rates because of the mark on the driving record. A DUI charge stays on a person’s driving record for many years. If your license is suspended, the insurance company may cancel the insurance policy.

Get in Touch with Defense Lawyer from The Law Offices of Joel Silberman, LLC

After being convicted under DUI charges, you can still protect your rights. You have the right to contact your DUI defense lawyer. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction. Get in touch with The Law Offices of Joel Silberman, LLC You can call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com.

 

DWI Lawyer in New Jersey

After a DWI conviction, you can still protect your rights. DWI attorneys at the law office of Joel Silberman have been serving clients in New Jersey for more than a decade.

We provide an aggressive and diligent criminal defense for DUI/DWI cases. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction.

DWI Lawyer

 

How Does a DUI/DWI Impact Your Life?

Driving While Intoxicated

DUI/DWI is a serious offense. If someone is arrested for a DUI/DWI, he or she may face fines and legal fees. He or she may also face imprisonment and other severe consequences.

If you or a loved one has been arrested for a DUI/DWI, you should consult with an experienced DUI/DWI defense attorney as soon as possible.

How Does a DUI/DWI Conviction Impact Your Life?

Legal Consequences

A DUI/DWI may result in:

  • Arrest
  • Prison time
  • Fines and legal fees
  • Driver’s license suspension or revocation
  • Driving restrictions, such as only being allowed to drive to and from your job
  • Probation
  • A potential criminal record

Personal Consequences

A DUI/DWI may have severe personal repercussions that include:

  • Loss of career opportunities
  • Increased rates for health, life and home insurance due to the possibility of a high-risk death
  • Job loss
  • Damaged reputation
  • Embarrassment and humiliation
  • College or university application denials
  • Job application denials
  • Auto insurance cancellations

If you or a loved one has been arrested and charged with a DUI/DWI, contact The Law Offices of Joel Silberman, LLC. Our experienced DUI/DWI defense attorneys have extensive knowledge and the necessary experience and skills to handle your DUI/DWI case. We will work hard to protect your rights and fight on your behalf to help you avoid a serious conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Aggravated Driving While Intoxicated

Intoxicated driver

Aggravated Driving While Intoxicated (DWI) is a category of DWI but has higher penalties, different plea-bargaining restrictions and is considered a more serious crime than a regular DWI. New York State enacted a new law in 2007 that created the Aggravated DWI charge.

Aggravated DWI is a misdemeanor. If you are charged with it, you will most likely not be able to plead below a DWI misdemeanor.

Criminal Penalties for Aggravated Driving While Intoxicated

First Aggravated DWI: A first DWI offense, regardless of the results of the Breathalyzer test, is considered a misdemeanor. An offender could be sentenced to a jail term of up to one year, with probation for an additional 3 years. He or she could also be charged a fine ranging from $1,000 to $2,500 and have his or her driver’s license suspended for up to a year.

The offender may also be required to attend a Victim Impact Panel, which is a program designed to help offenders understand the effects of DWI.
Second Aggravated DWI: If a person commits a second Aggravated DWI within 10 years of his or her first one, he or she can be charged with a Class E felony. The offender can be sentenced to a jail term of up to 4 years and face a maximum fine of $5,000. In addition, his or her license can be revoked for up to 18 months.
Third Aggravated DWI: A third Aggravated DWI in 10 years is treated as a Class D felony. The offender can be sentenced to a jail term of up to7 years and face a fine ranging from $2,000 to $10,000. The offender’s license can also be revoked for up to 18 months.

Civil Penalties

An Aggravated DWI also carries civil penalties which may include a $250 per year DMV assessment for three years and a $395 court surcharge.
The offender will be required to install an Ignition Interlock Device (IID) in his or her car during probation or the conditional discharge period. An IID is a mechanism to prevent drinking and driving. This device requires the driver to breathe into it so that it can analyze the blood alcohol level. If the level is high, the car won’t start. Once the device is installed, it cannot be removed for 6 months. All charges for installation and maintenance are the offender’s responsibility.

Contact Us

If you or a loved one has been arrested and charged with a DWI or Aggravated DWI, you need to speak to our experienced DWI defense lawyers as soon as possible. We have extensive knowledge and the necessary experience and skills to handle any and all DWI charges. Our DWI defense lawyers will work to protect your rights and fight on your behalf to help you avoid a serious criminal conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Benefits of Hiring a DWI Attorney in NJ

DWI charges can lead to serious consequences. If you have been arrested for DWI in New Jersey, then it is important to hire a New Jersey DWI lawyer who understands DWI law in New Jersey. Some people try to handle the case alone, and due to their inexperience loose the case and ruin their future. Choosing the right New Jersey DWI lawyer is the best decision to make when charged with a DWI.

Advantages of Hiring New Jersey DWI Attorney

Best legal advice

  • A New Jersey DWI attorney provides priceless legal advice that can help you answer properly in the court.
  • New Jersey DWI attorney will help you understand the legal system and keep you informed about the case.

Professional services

  • A New Jersey DWI attorney completes all the paperwork for you and explains how to avoid providing self-incriminating evidence in court.
  • He will help you cope with the situation and keeps stress away from you.
  • He will investigate how the field sobriety test took place and try to find any loopholes in it.

Witness gathering

  • The DWI lawyer gathers the witnesses and questions them thoroughly. If you are not able to track down the witnesses, then he will hire private investigators to track them.

Defense planning

  • As these attorneys are experienced and have specialized skills in DWI laws, they will get the best possible defense ready for you.
  • If you are already convicted of a DWI crime, a New Jersey DWI lawyer works hard to minimize your punishment.

Contact our experienced New Jersey Criminal defense lawyer

If you have been charged with DWI anywhere in the state of New Jersey, then call Mr. Joel Silberman at 201-420-1913 immediately. right away. Joel and his team will provide an aggressive defense from start to finish and offer you the best chance to stay out of jail. For a free initial consultation, call us at 201-420-1913 . You can also email us at joel@joelsilbermanlaw.com and visit our website for additional information at https://joelsilbermanlaw.com/.

 
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