Driving while intoxicated (DWI) involves operating a motor vehicle when driving performance is impaired by alcohol and/or drugs, whether illegal or prescription. You are considered under the influence if your physical or mental faculties are affected. New Jersey takes DWI violations very seriously. They come with significant penalties that include revoked driving privileges, suspended driver’s license, fines, and jailtime.
The penalty will be based on several factors, including:
Additional penalties can be imposed, depending on the circumstances. These can include mandatory alcohol education, assessment, and treatment, vehicle confiscation, temporary impoundment upon arrest, mandatory installation of an ignition interlocking device (IID) in your vehicle, and license revocation.
If you are operating a vehicle and an officer pulls you over because he or she has probable cause to believe you are DWI, then you are considered to have given implied consent to submit to blood alcohol content (BAC) testing. If you refuse to submit to the test, there will be automatic license suspensions ranging from seven months to 10 years, depending on the number of prior offenses. This is in addition to any penalties for DWI charges.
Penalties will increase if you have excessive levels of BAC or if you have prior arrests for DWI. New Jersey does not have a minimum jail sentence for first time offenders. However, for a second offense, the minimum sentence is two days and 90 days for a third offense.
In New Jersey, a judge can use discretion in deciding if you will be required to have an IID installed in your car as a penalty for a first time DUI offense. However, an IID device will automatically be required if your BAC was detected at 0.10 percent or more. If an IID is required, you will have to pay for it. Prices can vary and can range to $100 per month.
The IID includes a lock on the ignition and a device to measure the BAC. If the device detects alcohol, then the car will not start. Most IIDs also require rolling samples to be taken while the car is being driven. When the IID beeps, the driver has five minutes to blow into the tube. The tests happen at random intervals from five minutes to an hour apart.
If you have been charged with a DWI violation, time is of the essence. Our experienced Cherry Hill DWI lawyers have dealt extensively with the complex laws and issues involving impairment cases. We have a large network of forensic experts and we will work closely with them in analyzing your situation and preparing effective defenses. Contact Gigliotti Law Group today by calling 844-742-7591 or contact us online for a free consultation. We are in Cherry Hill, New Jersey, and we serve clients from the surrounding areas, including Camden County, Gloucester County, Burlington County, and Mercer County.