If you have been arrested and charged under N.J.S.A. 39:4-50 in Mountainside New Jersey, you probably have a sense of the seriousness of DWI penalties in New Jersey. You should also know that unlike most cases handled in Mountainside Municipal Court which can be plea bargained down to a lesser offense in the discretion of the prosecutor, this cannot be done in a driving while intoxicated case. Given these circumstances it is crucial that you retain a lawyer who is highly skilled in defending Union County DWI charges.
The lawyers at our firm, the Law Offices of Jonathan F. Marshall can offer a knowledgeable and aggressive defense so that you avoid the harsh penalties and consequences a DWI conviction. Our defense team devotes their practices to DWI and criminal defense with more than 100 years of combined experience in the municipal and superior courts as defense attorneys and prosecutors. Learn now what we can do for you by calling us at (908) 272-1700 for a free initial consultation. An attorney is available 24 hours a day and seven days a week.
Mountainside DWI Charges
Operating a motor vehicle while under the influence of either alcohol or drugs is a violation of N.J.S.A. 39:4-50. You could also be charged with DWI if you are the owner or in control of a motor vehicle and allow a person whose BAC is at least 0.08 percent to operate it.
Prosecutors generally rely upon the testimony of the police officer who stopped your vehicle to prove you were operating it at the time of the violation. Proving you were intoxicated can be achieved by offering into evidence the results of a chemical testing showing your BAC was 0.08 percent or more, which is the legal limit in New Jersey for intoxication.
The police officer who stopped your vehicle will observe you during the stop to determine if you have been drinking. Among the signs of possible intoxication are the following:
- Glassy or watery eyes
- Flushed face
- Dazed look
- Disheveled clothing
- Slurred speech
- Difficulty responding to questions
- Noticeable odor of alcohol
If the officer suspects you have been drinking, he or she will probably ask you to perform field sobriety tests adopted by the National Highway Traffic Safety Administration to provide probable cause to arrest you for DWI. Your Mountainside DWI lawyer is thoroughly knowledgeable in field sobriety testing and will review the facts and procedures under which the tests were administered to determine how best to challenge the results. For instance, anxiety, back and leg injuries or other medical or mental conditions can affect performance on some of the tests.
Our DWI defense lawyers know that field sobriety tests must be administered according to a specific protocol to avoid false indications of intoxication, so they carefully review the actions of the police officer in administering the tests. Some of our attorneys are certified as instructors in field sobriety testing and hold certifications in the operation of the Alcotest device routinely used in the state to measure driver blood alcohol concentration levels to give them an edge when challenging prosecution evidence and witnesses.
DWI Penalties and Consequences in Mountainside
N.J.S.A. 39:4-50 increases the fines, jail confinement and other penalties for BAC levels of 0.10 percent or more and if the charge is not your first DWI conviction. As a general rule, a first offense with a BAC of at least 0.08 percent but less than 0.10 percent usually results in the following penalties:
- Up to 30 days in jail
- 90-day driver’s license suspension
- Fine of at least $250 up to a $400 maximum
- IDRC program participation for 12 to 48 hours
- $1,000 surcharge payable annually for three years
If your vehicle for six months to one year. The device prevents your vehicle from starting if it detects alcohol on your breath when you blow into it. BAC is 0.15 percent or more, you must install an ignition interlock device on your vehicle.
Mountainside NJ DWI Defense Attorney
At the Law Offices of Jonathan F. Marshall, a skilled Mountainside DWI lawyer could offer you the best chance to avoid the penalties of a DWI conviction with tough and aggressive defense. You do not want to face a DWI charge on your own. Give yourself the best shot at winning by calling one of our Mountainside DWI lawyers today at (908) 272-1700 for a free initial consultation. An attorney is available 24 hours a day and seven days a week.
