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Are you facing DWI charges in Middlesex, Monmouth, or Mercer Counties? If so, you’re probably worried about your future. Will you lose your driver’s license? Will you go to jail? How will charges like this affect your future, your employment, and your reputation within the community? These are all valid concerns to have. These worries and questions can be answered with the help of an experienced Middlesex and Адвокат у справах про водіння в нетвереzому стані в окрузі Мерсер.
Is a DWI Considered a Crime in New Jersey?
When charged with a DWI (or driving while intoxicated), one of your top concerns, if not the top concern, is whether you will go to jail. After all, the very thought of being behind bars is terrifying! The partial good news is that most DWIs don’t result in jail time.
If you’re charged with a DWI in the state of New Jersey, it’s important to note that the state typically classifies DWIs as a serious traffic violation, not an indictable offense (or felony, as it’s known in other states). This doesn’t mean, however, that you won’t be facing any jail time if you are facing DWI charges. It depends on the level of severity and if other offenses were committed in addition to the DWI, such as driving with a suspended license. Under NJ law, an offense like this could lead to anywhere between 10 – 180 days in jail.
About Ignition Interlock Devices and Recent Changes You Should Know
An ignition interlock device is a breathalyzer installed on your car or truck’s ignition system. In order for your vehicle to start, you must breathe into the breathalyzer. If you pass, your vehicle will turn on.
An amendment regarding DWI penalties was passed in 2023 and went into effect earlier this year. Now, NJ drivers facing DWI charges can install an ignition interlock device in their vehicle, regardless of whether they own or lease it, instead of waiting for such a penalty to be issued by the courts.
This is a great change for several reasons. First, by installing it yourself and showing proof of your Interlock Noted License from the Department of Motor Vehicles, the courts may choose to waive the fines associated with your penalties (more on this below). Second, upon proof of installation, you will receive a credit to reduce the time your driver’s license is suspended. Currently, drivers will receive a one-day credit for every two days their ignition interlock device is installed.
There are some exceptions to this rule, however, and your attorney will be able to confirm whether or not you can take advantage of these changes under this new amendment.
Penalties for a DWI in Middlesex, New Jersey
The penalties for a DWI in Middlesex, Monmouth, and Mercer County are as follows:
First Offense Penalties For DWI in NJ
BAC 0.08% – 0.10%
Middlesex County drivers aged 21 and older, facing their first DWI offense and who have a blood alcohol content (BAC) level of 0.08% but less than 0.10%, will face the following penalties:
- Driver’s license suspension until the installation of an ignition interlock device, then mandatory use for three months
- Between $250 – $400 fine
- $1,000 annual surcharge for three years
- If ordered by the judge, up to 30 days in jail
- Between 12 – 48 hours in an Intoxicated Driver Resource Center (IDRC) class
- Misc. fees totaling over $500 paid to the Neighborhood Services Fund, IDRC, AERF, and drunk driving fund
BAC Higher Than 0.10% But Lower Than 0.15%
Here are the penalties for those 21 and older who have a BAC higher than .010% but lower than 0.15%:
- Driver’s license suspension until the installation of an ignition interlock system (this will be used for at least seven months, but no more than 12 months).
- Fines between $300 – $500
- Between 12 – 48 hours in an IDRC class
- $1,000 annual surcharge for 3 years
- If ordered by the judge, up to 30 days in jail
As briefly mentioned above (and due to the recent law changes affecting NJ DWIs), you may be able to get your $300-$500 fine waived if you opt for installing an ignition interlock device in your vehicle yourself. You can request an interlock notated license from your local Department of Motor Vehicles yourself or with your attorney’s help.
BAC Higher Than 0.15%
Here are the penalties if facing your first DWI with a BAC higher than 0.15%:
- Between 4-6 months of driver’s license suspension
- Mandatory usage of an ignition interlock device for 9-15 months
- If ordered by the judge, up to 30 days in jail
- Between $300 – $500 fine
- Between 12-48 hours in an IDRC class
- $1,000 annual insurance surcharge for 3 years
Друге порушення
The penalties associated with a second offense are steeper than if it’s your first, especially if it is committed within 10 years of your first DWI. As a repeat offender, you will be facing the following penalties:
- Between 1-2 years of driver’s license suspension, with mandatory installation and use of an ignition interlock device for 2-4 years after your license is reinstated
- Between $500 – $1,000 fine
- Between 12 – 48 hours in an IDRC
- If ordered by the judge, between 48 hours – 90 days in jail
- If ordered by the judge, 30 days of community service
- $1,000 annual surcharge for three years
- Misc. fees totaling over $550 paid to the IDRC, AERF, Neighborhood Services Fund, and drunk driving fund
Третій раз
A third offense committed within 10 years of your second DWI will result in the following penalties:
- Driver’s license suspension for eight years, with mandatory installation and use of an ignition interlock device for 2-4 years after the license is reinstated
- If ordered by the judge, up to 180 days in jail
- If ordered by the judge, up to 90 days of community service
- Штраф у розмірі $1,000
- 48 hours in an IDRC
- $1,500 annual surcharge for three years
- Misc. fees totaling over $500 paid to the Neighborhood Services Fund, drunk driving fund, AERF, and IDRC
How an Experienced Monmouth, Middlesex, and Mercer County DWI Attorney Can Help You if You’re Facing Drunk Driving Charges
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Facing the possibility of a DWI charge on your record is scary enough, to say nothing of having to face the penalties mentioned above. When you get a DWI, it’s not just your reputation and freedom that are taking a hit, but your wallet as well. The severity of these penalties reinforces the need to hire an experienced Middlesex, Monmouth, and Mercer County DWI attorney.
Here are a few of the ways your lawyer can help you if facing a DWI charge:
Explain Your Rights and the Upcoming Procedures
If this is your first time dealing with a DWI and the penalties that go along with it, you’re likely going to have a ton of questions. Furthermore, you may not be fully aware of your rights.
By hiring an experienced attorney, you can find out what the correct protocol is regarding DWI arrests. For example, the cop pulling you over should have a legal reason for doing so – i.e., you were driving erratically, which indicated possible intoxication, or that you committed another traffic offense. In other words, they can’t just pull you over to see if you are drunk.
In regards to procedures and what’s to come, your lawyer will go over the details of arraignment with you. This is when you will be able to formally enter your plea of guilty or not guilty. From there, you will receive a court date for your next appearance, which is usually no more than four weeks after your arrest.
While the idea of going to trial is scary, most DWIs don’t go to trial. Instead, they are usually resolved with a plea deal (in New Jersey, these are referred to as alternative dispositions), which means you plead guilty in exchange for reduced charges or some other benefit worked out between the defense and the prosecution. This is why many DWIs don’t result in jail time, or if they do, your time behind bars may be minimal.
Reducing Your DWI Charges
Your attorney may be able to reduce the penalties against you. For example, your attorney may argue in favor of community service instead of jail time if it’s your first offense. Even if it’s your third offense, your lawyer may be able to get your jail time reduced by having community service substitute for time served.
Another way your lawyer might be able to lower your charges is by proving that your DWI was isolated. In other words, your DWI didn’t result in any personal injury or property damage, as those can usually lead to steeper penalties. Lawyers look over every detail of your case and will develop strategies that can help lower the charges against you in any way they can, if not get them dismissed.
For example, let’s say that law enforcement infringed on your rights at the time of your arrest or the breathalyzer they used wasn’t calibrated correctly. In some cases, your lawyer may be able to prove that though you were intoxicated, your BAC rose to 0.08% or higher after you were pulled over. In cases like these, your attorney may be able to prove that the arrest was invalid and get those charges thrown out.
Facing a DWI Charge? Get the Legal Help You Need From Monmouth, Middlesex, and Mercer County DWI Attorney Leon Matchin
Facing a serious crime or traffic violation is scary, and a DWI is no different. With your money, reputation, job, and ability to come and go as you please at risk, you need to hire the right legal reputation to safeguard your rights and future.
Attorney Leon Matchin of The Law Office of Leon Matchin, LLC is dedicated to representing New Jersey clients facing DWI and DUI charges. He is here to provide legal guidance and aggressive representation to those who have so much at stake. Set up a consultation today. Attorney Matchin can be reached via phone at (732) 298-6522 or via email at leon@attorneyleonmatchin.com.