In addition to the obvious risk of physical harm, the potential financial ramifications of driving under the influence of drugs and alcohol are tremendous. New Jersey has one of the most stringent DWI laws in the Country. If you are convicted of DWI in New Jersey you will lose your license. There are no exceptions for driving to and from your place of employment, even if public transportation is not available in your area. Additionally, first time DWI convictions are accompanied by fines and penalties approaching $1000, a Motor Vehicle Commission surcharge of $1,000 per year for the next three years, mandatory participation in alcohol awareness classes and the possibility of community service or jail. New Jersey imposes progressively higher minimum and mandatory penalties for repeat offenders.
If you were charged with a DWI, there may be defenses available to you. First, the initial stop must be legal. In most cases, an illegal motor vehicle stop would invalidate subsequent findings which support DWI. Beyond that, the New Jersey Supreme Court enumerated numerous safeguards in their landmark decision in State v. Chun. These safeguards were designed to prevent DWI convictions from being substantiated by inaccurate breath test results. The safeguards include requiring periods of observation prior to administration of the breath test and implementing specific time intervals between readings, as well as, necessitating the availability of fundamental documents which have been determined to validate the reliability of the operator and the breath machine.
The New Jersey Legislature has banned plea bargaining in DWI cases. However, this does not mean that you should plead guilty to DWI prior to consulting with an attorney. While New Jersey courts do sustain DWI convictions based on officer observation testimony alone, there is a chance that a review of documents related to your DWI charge will support a decrease in the length of your license suspension or even acquittal. DWI law is constantly evolving. Should you be charged with DWI, it is essential that you contact a qualified attorney to explore these defenses.
*Please note - Refusing to take the breath test is also punishable by law with penalties similar to those imposed by the DWI statute.
