Elizabeth, New Jersey DWI Lawyer
It is illegal for any person to operate their vehicle under the influence of drugs or alcohol. Despite this, arrests for DWI remain remarkably common. According to the Centers for Disease Control, “About 1 million arrests are made in the United States each year for driving under the influence of alcohol and/or drugs. However, results from national self-report surveys show that these arrests represent only a small portion of the times impaired drivers are on the road.” If you’ve been arrested for DWI in New Jersey, you are not alone.
Being arrested for DWI can have very severe consequences all across a person’s life. This can include possible license suspension and jail sentences. These charges can also cause major financial stress and may even jeopardize future work opportunities. Hiring experienced legal counsel is an essential part of navigating what can be an overwhelming situation for most people. If you’ve been charged with DWI in New Jersey, our team of experienced New Jersey DWI attorneys at Beninato & Matrafajlo in Elizabeth are here to help. We are committed to helping our clients get the very best outcome possible for their unique situation. In certain circumstances, this may include having DWI charges dropped altogether. You can contact us for a free consultation anytime at 908-355-7100.
Understanding DWI Laws in New Jersey
DWI cases in New Jersey are primarily governed by N.J.S.A. 39:4-50. According to the statute, a person commits DWI if they operate a motor vehicle while under the influence of an intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug with a blood alcohol concentration (BAC) of 0.08% or higher. Commercial drivers are held to an even higher standard. They must not operate a motor vehicle with a BAC of 0.04% or higher. There are many different penalties that drivers can face if they are convicted of DWI in New Jersey.
New Jersey DWI Fines and Penalties
As a general principle, penalties and fines become more severe after each conviction. A defendant’s blood alcohol concentration at the time of their arrest is also taken into consideration.
FIRST OFFENSE: A driver may face the following penalties for their first conviction if they have a BAC greater than 0.08% but less than 0.10%.
- Fines between $250 and $400 may be imposed upon conviction.
- In rare cases, drivers may be imprisoned for up to 30 days.
- Drivers may have their licenses suspended until they install an ignition interlock system in their registered vehicle for three months.
- Drivers may be required to participate in the Intoxicated Driver Resource Center program (IDRC) for 12-48 hours.
- Drivers may face state surcharges of $1,000 every year for three years.
FIRST OFFENSE: A driver may face the following penalties for their first conviction if they have a BAC greater than 0.10% but less than 0.15%.
- Fines between $300 and $500 may be imposed upon conviction.
- In rare cases, drivers may be imprisoned for up to 30 days.
- Drivers may have their licenses suspended until they install an ignition interlock system in their registered vehicle for 7 to 12 months.
- Drivers may be required to participate in the Intoxicated Driver Resource Center program (IDRC) for 12-48 hours.
- Drivers may face state surcharges of $1,000 every year for three years.
FIRST OFFENSE: A driver may face the following penalties for their first conviction if they have a BAC greater than 0.15%.
- Fines between $300 and $500 may be imposed upon conviction.
- Drivers may be imprisoned for up to 30 days.
- Drivers may have their licenses suspended for four to six months.
- An ignition interlock device may be required for nine to fifteen months.
- Drivers may be required to spend a minimum of six hours a day for two days in the Intoxicated Driver Resource Center program (IDRC).
- Drivers may face state surcharges of $1,000 every year for three years.
SECOND OFFENSE: A driver may face the following penalties for their second conviction if they have a BAC greater than 0.08%.
- Drivers may face fines between $500 and $1,000 after pleading guilty or being convicted.
- Drivers may be imprisoned for at least 48 hours and up to 90 days.
- Drivers may have their licenses suspended for between 1 year and up to 2 years.
- Drivers may be required to perform 30 days of community service.
- Drivers will need to complete the Intoxicated Driver Resource Center program (IDRC).
- Drivers may be required to install an ignition interlock system on their vehicle for two to four years.
- Drivers will face state surcharges of $1,000 every year for three years.
THIRD AND SUBSEQUENT OFFENSES: A driver may face the following penalties for their third and subsequent conviction if they have a BAC greater than 0.08%.
- Drivers will be fined $1,000 upon conviction.
- Drivers will be imprisoned for at least 180 days. A court may credit up to 90 days if the defendant is in an inpatient rehabilitation center that the court approves.
- Drivers will have their New Jersey driver’s licenses suspended for 8 years.
- Drivers may be required to perform 30 days of community service.
- Drivers will need to complete the Intoxicated Driver Resource Center program (IDRC).
- Drivers may be required to install an ignition interlock system on their vehicle for two to four years after their driver’s license is restored.
- Drivers will face state surcharges of $1,000 every year for three years.
Given the severe consequences that can come with one or more DWI convictions, it is essential that defendants seek the guidance of an experienced New Jersey DWI attorney.
The Real-Life Impact of a New Jersey DWI Conviction
In addition to the fees and penalties imposed by a court, there are many real-life impacts that can follow a DWI conviction. What follows are just a few of the ways that a DWI conviction can substantially impair your life and restrict your freedoms.
- Loss of Driving Privileges: When a person loses their ability to drive, this can dramatically restrict their mobility and independence. It can also seriously limit when and where they are able to work. In particular, drivers may have their professional licenses revoked.
- Professional Risks: Being convicted of a DWI will appear on your criminal record. Many employers will simply not want to hire someone who has been convicted of a DWI if they see this in a background check.
- Personal Reputation: A conviction can cause serious damage to a person’s reputation within their community. There is a strong stigma associated with being convicted of a DWI.
- Higher Fees: Drivers may find that they have to pay substantially higher insurance rates if they are convicted of a DWI.
- Travel Restrictions: Certain countries may restrict entry to individuals who have a DWI on their record.
- Education: Being convicted of a DWI can also prevent a driver from being able to qualify for certain educational and scholarship opportunities.
It is very important that any person being accused of DWI consider all of their potential options. This should be done in consultation with an experienced New Jersey DWI attorney. Even if an attorney is unable to get charges dropped, they can substantially reduce the penalties that you may face as a result of the charges.
How a New Jersey DWI Attorney Can Help With Your Case
Seeking legal help is essential to achieving a positive outcome after being charged with DWI. Here are just a few ways that an attorney can help support your defense.
- Analysis: An attorney can conduct a thorough analysis of your case. They will take into consideration all of the evidence that is being used against you.
- Challenge Charges: An attorney can challenge all of the procedural errors that may have contributed to the charges you were facing. In many cases, police officers failed to follow procedures for DWI traffic stops. Breathalyzer results can be especially inaccurate at times.
- Negotiations: One of the most essential tasks that attorneys can perform following a DWI charge is negotiating with prosecutors. An attorney may be able to convince prosecutors to lower penalties or to dismiss charges altogether.
- Courtroom Representation: An attorney can advocate on your behalf in a courtroom to ensure that all of your rights are being protected.
No matter where you are in the process of being charged with a DWI, an attorney can take steps to help ensure that you are not being unfairly penalized. This is especially important when a DWI involves an accident. These accidents can leave defendants vulnerable to both criminal and civil liability.
How a DWI Can Impact Auto Insurance in New Jersey
Being convicted of a DWI charge can impact auto insurance policies in New Jersey. Among other things, insurance providers may choose to drop policyholders if they find out about their conviction. If an insurance provider does not drop a policyholder, a DWI conviction can result in substantial rate increases. It is common for policyholders to be charged double or even triple what they were paying prior to a DWI. To make matters worse, a DWI can stay on your driving record for at least 10 years within the state. This means that you may have to pay substantially higher rates for a long period of time.
Why Choose The Law Offices of Beninato & Matrafajlo?
The Law Offices of Beninato & Matrafajlo have a long track record of providing clients exceptional legal representation for criminal cases, including DWI charges. Attorney Dan Matrafajlo has been recognized as a SuperLawyers Rising Star for his skilled and methodical approach to criminal cases. Our law firm offers personalized legal solutions that put the interests of clients first.
We understand how a DWI conviction can negatively impact all aspects of your life. This is why we do everything in our power to find all of the procedural errors that police officers may have made in every case. In particular, we specialize in helping people facing additional penalties after being convicted of a DWI due to faulty Alcotest breathalyzer machines.
Getting Legal Help After a DWI Charge
By the time you are being arrested for DWI, there is nothing you can say to the arresting officer to get them to change their mind. People often make the mistake of talking or pleading after an arrest in the hopes this will help. But this is simply mistaken. If anything, your own words are likely to be used against you in a court of law. The moment you even come under suspicion of DWI, the best thing that you can do is to exercise your constitutional right to remain silent and seek the guidance of an experienced New Jersey DWI attorney.
Have you been charged with DWI in the state of New Jersey? Our team of highly experienced New Jersey DWI attorneys at Beninato & Matrafajlo can help you. We intimately understand all the laws that might apply to your particular situation. When you hire our law firm, you can rest assured we will fight hard to protect your constitutional rights at every point in the legal process. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular case, we are here to serve your needs. You can contact us anytime for a risk-free consultation at 908-355-7100
Frequently Asked Questions
Yes, a DWI will show up on a background check.
A DWI conviction will remain permanently visible on your driving record. But most of the impact from a guilty plea or conviction will last 10 years.
Yes, it's possible that a DWI charge can be dismissed in New Jersey. An attorney can check for procedural errors that may allow your case to be dismissed.
It is always a good idea to retain an experienced attorney if you are being charged with DWI. An Elizabeth DUI attorney can use their knowledge of the law and the science behind blood testing, breathalyzer tests, and DWI cases to help mount the best defense possible on your behalf.
Drivers will lose their license for mandatory periods of time after being convicted of DWI. License suspensions grow longer for second and third convictions.
New Jersey considers DWI cases traffic offenses. These will appear on your driving record. A DWI is not an indictable misdemeanor or felony crime.
In order to get your license back after a DWI conviction, you will need to take several steps. You must submit proof that all fines and tickets related to the incident are paid. You will also need to satisfy all of the reasons for the suspension and complete the entire suspension.
Related Articles
- Understanding DWI Charges in New Jersey: A Guide from Your Trusted DWI Attorney
- Impact of an Out of State DWI in New Jersey
- Common Misunderstandings About DWI Laws in New Jersey
- Can a DWI Be Dismissed in New Jersey?
- Elements of a New Jersey DWI Charge
- Important Steps to Take After a New Jersey Drunk Driving Arrest
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Miranda is outstanding. Extremely professional, organized and helpful!
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Danny is very good at what he does. I’m happy that he was the one who defended me.
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Called after hours and was surprised on how quick they reached back out the next day! Carried on through court and was incredibly helpful!
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Thanks for everything.
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Great lawyers. Highly recommend
(Translated by Google) Good customer service (Original) Buen trato a los clientes
The experience with the office was great, I was explained everything, the pros , the cons, they never kept back what can happen. They were very professional, caring and helpful, needless to say they helped me with my case and helped me with receiving what I deserved. Definitely recommend them to an
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