“It’s a myth that you can’t beat a drunk driving charge.”
— Mark M. Cheser, DWI defense attorney
The Administrative Office of the Courts reports that 18 percent (nearly one in six) of DWI arrests do not result in conviction. Therefore, it is important to recognize that you have options if you have been charged with DWI.
If There’s A Way Out, We’ll Find It
Call Mark M. Cheser Toll Free: (866) 746-0722
If you have been arrested for DWI, contact our criminal defense attorney, Mark M. Cheser for a free consultation. He is one of only 250 lawyers in the state who is certified by the New Jersey Supreme Court as a criminal trial attorney.
You can be convicted of a DWI in two ways:
- Police officers can establish by their observations that your driving ability was impaired. This is called an observation case. OR
- Tests can determine that your blood alcohol content (BAC) was .08 percent or higher. You may also be convicted of being impaired by other drugs.
The DWI charges may be defended in three main areas:
- The officer’s decision to stop your vehicle
- The officer’s reason to arrest
- The admissibility of the Alcotest 7110, Breathalyzer or blood test results
We immediately investigate DWI cases to obtain as much information as possible before it is destroyed. Radio transmissions, onboard video and the appearance of the scene, all must be documented, preserved and examined. The New Jersey Supreme Court has directed that courts attempt to conclude DWI cases in 60 days. Time is of the essence.
DWI Penalties
The amended DWI statute, 39:4-50, became effective December 1, 2019. Unfortunately, the statute is not retroactive, at least at this time. That means that if you were arrested before December 1, 2019 you will be prosecuted under the old law.
The new law has the same suspension periods as the old. However the new law permits driving after conviction of a first offense, depending on your proven Blood Alcohol Content (BAC), immediately after the installation of an interlock devise (IID). There are other conditions as well that need to be discussed more completely than this forum allows.
First Offense (No BAC or BAC under .10 percent)
- Three-month mandatory minimum license suspension
- Installation of the IID allows for immediate driving.
- A $250-$400 fine with $270 mandatory assessments
- 12 to 48 hours in the Intoxicated Driver Resource Center
- Up to 30 days in jail (it is unlikely that a first time offender will receive jail time)
- $100 license restoration fee
- DMV surcharge of $1,000 per year for three years
- An estimated $1,000-$5,000 insurance premium increases per year
First Offense (BAC .10 to .149)
Penalties are identical to the under .10 violation except:
- 7 to 12 month suspension
- The Fine is $300-$500
- Installation of the IID allows for immediate driving.
First Offense (BAC is .15 or higher)
- 4-6 Month Mandatory License Suspension with no driving
- Installation of the IID after that period will allow driving thereafter and must remain for 9-15 more months.
First Offense driving under the influence of drugs
- 7-12 month suspension.
- No IID conditions.
First offense refusal to take the 7110 Alcotest (or its successor)
- Results in Mandatory License suspension
- Installation of the IID allows for immediate driving.
- These requirements also need to be fully discussed.
Second Offense, regardless of BAC
- Mandatory License Suspension of 1-2 years
- IID must be in place for a period thereafter.
- A $500-$1,000 fine
- 30 days of community service
- Incarceration for 48 hours to 90 days
- Mandatory License Suspension of 1-2 years for Second offense refusal to take the 7110 Alcotest (or its successor).
Third Offense, Regardless of BAC
- Mandatory 180 day jail term.
- 1,000 Fine
- $1,500 DMV surcharge per year for three years and the other assessments described above
- 8 Years Mandatory License Suspension
Commercial Driver’s License
- CDL drivers must be aware of the additional problems arising from DWI, including problems that can affect your license, including a suspension for life.
Don’t delay. You can now fight the charge and still be able to drive to work if you lose! If you have been arrested for DWI anywhere in Central New Jersey, contact us today for a free consultation.
