- Will I be able
to get my case dismissed because I was not read my rights?
Probably not.
But if you were interrogated after being placed in custody, your statements
can not be used against you.
- Will I go to
jail?
On a first offense,
probably not. On second or later offenses, it becomes more probable,
but an experienced attorney may be able to keep you out.
- How will my
NJ auto insurance rates be affected by a DWI or moving violation?
Most insurance
carriers in New Jersey will increase your auto insurance premiums
due to a DWI or moving violation. However there are still many ways
to save money on your NJ auto insurance even if you are convicted
of DWI or have moving violations.
- How many hours
of alcohol classes will I have to take?
Plan on at least
12 hours, usually two 6 hour sessions.
- What will happen
if I do not complete the classes or public service ordered by the Court?
You can go to
jail.
- I lost my New
Jersey license. May I obtain a license in another state?
In most cases,
no.
- If I obtain
an international driver's license, may I drive in New Jersey, even though
my New Jersey license is revoked?
No.
- What if I burped
within twenty minutes of blowing?
While this is
a defense in other states, this is not a defense in New Jersey.
- Are there defenses
to DWI?
Yes. Please call
me as soon as possible after your arrest to discuss your case.
- What are the
penalties for DWI in New Jersey?
For the first
offense, fines range between $250.00 and $400.00. You must attend
alcohol awareness classes at the Intoxicated Driver Resource Center
(IDRC) for 12 to 48 hours. You must pay $100.00 for the IDRC program.
You must also pay a $50.00 Violent Crimes Compensation Board (VCCB)
penalty, and a $75.00 Safe Neighborhood Fund Assessment. You can be
sentenced to up to 30 days in jail. You will lose your license in
New Jersey for six months to one year.
For a second violation,
fines range from $500.00 to $1,000.00. You must perform community
service for a period of 30 days. You must attend alcohol awareness
classes at the IDRC for 12 to 48 hours. You must pay $100.00 for the
IDRC program. You must also pay a $50.00 VCCB penalty, and a $75.00
Safe Neighborhood Fund Assessment. You will be sentenced to jail for
a term 48 hours to 90 days. You will lose your privilege to drive
in New Jersey for two years.
For a third or
subsequent violation, you will be fined $1,000.00. You must attend
alcohol awareness classes at the IDRC for 12 to 48 hours. You must
pay $100.00 for the IDRC program. You must also pay a $50.00 VCCB
penalty, and a $75.00 Safe Neighborhood Fund Assessment. You will
be sentenced to jail for a term of 180 days, however 90 days of the
jail sentence can be served performing community service. You will
lose your driving privileges in New Jersey for 10 years.
- Can I refuse
to take a breath test?
No. By driving
on the roads of New Jersey, according to statute, "Any person who
operates a motor vehicle on any public road, street or highway or
quasi-public area in this State shall be deemed to have given his
consent to the taking of samples of his breath for the purpose of
making chemical tests to determine the content of alcohol in his blood."
- Are there any
defenses to Refusing to take a breath test?
Depending on the
circumstances of your case, there may be defenses. Please call me
as soon as possible after your arrest to discuss your case.
- Do the same
penalties for DWI apply to Refusing to take a breath test?
They are similar.
You will be fined between $250 and $500 for any offense. A first offense
carries a six months license suspension. A second offense carries
a two year suspension. A third offense carries a ten year suspension.
Convictions for similar offenses in other jurisdictions count as prior
offenses.
- What if I am
convicted of both DWI and Refusing to take the test?
You will be sentenced
for both violations, and your suspensions and potential jail time
will be consecutive. In other words, your penalties will essentially
double. In many situations, an experienced attorney can prevent this
from happening.
- What happens
if I am convicted of DWI while driving within 1,000 feet of school property,
including a school crossing zone?
For a first offense,
you will be fined from $500 to $800. You will be sentenced to jail
for up to 60 days. Your driver's license will be suspended for a period
of one to two years.
For a second offense,
you will be fined $1,000 to $2000. You must perform community service
for a period of 60 days. You will be sentenced to jail for 96 hours
to 180 days. The court may lower the jail term for each day, not exceeding
90 days, served performing community service. Your driver's license
will be suspended for 4 years.
For a third offense,
you will be fined $2,000. You will be sentenced to 180 days in jail.
Your driving privileges will be suspended for a period of 20 years.
The period of license suspension begins after you have completed any
prison sentence imposed upon you.
It is not a defense
that you were unaware that the prohibited conduct took place while
on or within 1,000 feet of any school property or while driving through
a school crossing. It is also not a defense that no juveniles were
present on the school property or crossing zone at the time of the
offense or that the school was not in session.
- What happens
if I am convicted of Refusing to take the breath test and if I was driving
within 1,000 feet of school property, including a school crossing zone?
You will be fined
between $500 and $1,000. For a first offense, your license will be
suspended for one year; four years for a second offense; and, 20 years
for a third or subsequent offense. Any license suspension begins after
you have completed any prison sentence imposed.
- What happens
if I am on the Suspended or Revoked list at the time I was stopped for
DWI?
Upon conviction
you will be fined an additional $500; your license will be suspended
for an additional period of one to two years; and you will be sentenced
to jail for not less than 10 days or more than 90 days.
- What happens
if I am on the Suspended or Revoked list at the time I was stopped for
DWI or Refusal and I was driving within 1,000 feet of school property,
including a school crossing zone?
Your license will
be suspended for an additional period of one to two years. That suspension
will begin upon the completion of any prison sentence. You will be
fined $500. You will be sentenced to jail for 60 to 90 days for a
first offense; 120 to 150 days for a second offense; and, 180 days
for a third or subsequent offense.
- If I have a
license in another state, do I lose my driving privileges in my home
state also?
Not automatically.
Please call me to discuss this complicated situation.
- Once I have
served my period of suspension, do I automatically get my license back?
No. You must pay
a restoration fee of $50.00 to the Division of Motor Vehicles.
- If I am sentenced
to jail, are there any alternatives to actually going to jail?
Yes. Please call
me as soon as possible after you have been charged with DWI, so that
we can explore the alternatives with you immediately.
- Even though
I have been convicted of DWI before, is there any way to have my prior
conviction(s) overturned or nullified for my current situation?
Yes. Please call
me as soon as possible after you have been charged with this DWI,
so that I can explore the alternatives with you.
- If I was convicted
of DWI or DUI in another state, does that count as a prior conviction
in this situation?
Yes, as long as
the prior conviction was based exclusively upon a violation of a proscribed
blood alcohol concentration of .10% or greater.
- If my driving
privileges are suspended or revoked at the time of my DWI, how is the
additional period of suspension calculated?
Any additional
suspension imposed in the current DWI matter will begin on the date
of termination of the existing revocation or suspension period.
- If I have a
prior conviction for DWI that is more than 10 years old, does that count
as a prior conviction for sentencing in this matter?
No. If the second
offense occurs more than 10 years after the first offense, the court
shall treat the second conviction as a first offense for sentencing
purposes and if a third offense occurs more than 10 years after the
second offense, the court shall treat the third conviction as a second
offense for sentencing purposes.
- Can the Intoxicated
Driver's Resource Program make me take any additional classes or order
additional counseling?
Yes. As part of
your sentence, you have to satisfy the screening, evaluation, referral,
program and fee requirements of the Division of Alcoholism and Drug
Abuse's Intoxicated Driving Program Unit, and of the Intoxicated Driver
Resource Centers and a program of alcohol and drug education and highway
safety, as prescribed by the Director of the Division of Motor Vehicles.
- What happens
if I do not comply with the IDRC classes or additional recommendations
for counseling?
The court will
sentence you to a mandatory two-day term of imprisonment in a county
jail and a driver license revocation or suspension and continuation
of revocation or suspension until such requirements are satisfied.
- What if I am
under 21, what is the law regarding DWI?
If you have a
blood alcohol concentration of 0.01% or more, but less than 0.08%,
you will forfeit your right to operate a motor vehicle in New Jersey
or be prohibited from obtaining a license to operate a motor vehicle
in New Jersey for 30 to 90 days beginning on the date you become eligible
to obtain a license or on the day of conviction, whichever is later.
You must perform
community service for a period of not less than 15 or more than 30
days. You have to satisfy the program and fee requirements of the
IDRC. These penalties are in addition to the penalties which the court
may impose under the DWI and criminal laws.