Driving While Intoxicated is a prime target of law enforcement throughout New Jersey. The State even provides special funding for DWI enforcement in Union County and the municipal police departments within its borders. It should not therefore come as a surprise that approximately 3,000 drinking and driving complaints including DWI, DUI and Refusal to Submit a Breath Sample, were issued in the County of Union last year. The municipalities at the top of the county rankings for DWI arrests are Linden, Union, and Elizabeth. If you or a loved one falls within these statistics, we can help.
The lawyers at our Union NJ law firm have been handling DWI charges in NJ for decades. In fact, three of the attorneys at The Law Offices of Jonathan F. Marshall are among a group of less than 10 statewide who hold a certification on both the Alcotest and as instructors in Field Sobriety Testing. Several members also have the benefit of experience serving as prosecutors of drunk driving cases. Give us a call at 908-272-1600 to learn more about how an attorney can assist you in defending your DWI. We handle driving while intoxicated and related charges throughout county, including the serving in capacity below in more high volume municipalities.
New Jersey DWI Law
N.J.S.A. 39:4-50 of the New Jersey motor vehicle laws provides that an individual is guilty of DWI where he “operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more.” The same statute makes it a DWI violation to “allow” another person to operate a motor vehicle while intoxicated; this is commonly referred to as “allowing” under N.J.S.A. 39:4-50.
Penalties for DWI Within Union County
First Offense. The penalties imposed upon conviction for a first offense of DWI in Union County hinge on the blood alcohol concentration (BAC) of the driver. If the BAC is at least .08% but less than .10%, then the period of driver’s license suspension is 3 months and the fine is between $250 and $400. Where the blood alcohol concentration is above .10%, the period of license revocation is 7 to 12 months, and the fine is $300 to $500. An individual found guilty of DWI is also required to perform 12 hours of alcohol education through the Intoxicated Drivers Resource Center (IDRC). There is no tier system where the first offense involves Driving Under the Influence of Drugs.
Second Offense. The penalties for a conviction in Union County for a second DWI include a 2 year drivers license suspension, and a fine of $500.00 to $1,000.00. A second offense also includes a requirement that an individual serve forty eight (48) hours of imprisonment, 30 days of community service, and attend forty eight (48) hours of alcohol education provided by the Intoxicated Drivers Resource Center (IDRC). The installation of an ignition interlock may also be ordered by the Court or, alternatively, a two year registration revocation.
Third Offense. An individual is required to serve 180 days of imprisonment, pay a fine of $1,000, and have his license suspended for 10 years upon conviction for a third offense of DWI.
It is important to keep in mind, however, that different rules apply to an Underage DWI Charges.
Our DUI Defense Firm Can Help You
While the drinking and driving laws in NJ are very strict and even prohibit plea bargaining, the truth is that the attorneys here are often successful in avoiding DWI conviction and/or the mandated penalties which would have been imposed under the original drunk driving charge. What we mean is that we have succeeded many times, for example, in having a DWI downgraded to reckless driving, a second tier DWI reduced to first tier (e.g. 3 months suspension as opposed to 7 to 12 months as originally written), and avoiding jail for those charged with a third offense. An attorney on our staff would be happy to review the facts of your case and explain how we can help you. Initial consultations with a lawyer from our Union Defense Firm are without charge. Lawyers are available immediately at 908-272-1700.