First Offense DWI

Red Bank NJ First Offense DWI Defense Attorneys

Red Bank NJ First Offense DWI Defense AttorneysIn New Jersey, the State vigorously prosecutes those charged with driving while intoxicated (DWI) or driving under the influence (DUI), imposing severe penalties that can have reverberating negative consequences for years to come. In order to avoid or decrease some of the potential repercussions, it is crucial to obtain a well-informed defense attorney with the skills necessary to deftly chart these waters and to facilitate the best possible result for you or someone you love.

The penalties for a first offense for DWI are contingent upon the driver’s blood alcohol content (BAC), provided that he or she did not refuse to submit to a breathalyzer test. Offenses involving a BAC of between 0.08% and 0.10% entail a specific set of penalties, while those for offenses involving a BAC above 0.10% are punishable by more severe consequences. Nevertheless, a first offense DWI violation may result in a period of driver’s license suspension, hundreds of dollars in fines, program attendance at one of the State’s Intoxicated Driver Resource Centers, and even a jail sentence. Collateral consequences such as increases in insurance premiums and employment issues due to lack of transportation can also become problematic after an individual is found guilty of DWI. 

With copious knowledge of State law pertaining to DWI in New Jersey, the lawyers at Chamlin, Uliano & Walsh employ all means necessary to ensure that their clients are protected from the full impact that a DWI or DUI conviction can have on their lives. With a variety of specifically-formulated tactics for fighting these charges, these skilled attorneys carefully examine every component of a DWI case, from the circumstances that preceded the stop to the procedure followed during and after the arrest. They have had countless successes defending clients against DWI charges due to their attentiveness and precision when evaluating these cases and are pleased to provide consultations. Contact their West Long Branch office today at 732-440-3950 to speak with one of the firm’s talented DWI defense attorneys. 

First Offense DWI in Monmouth County: N.J.S.A. 2C: 39:4-50

The New Jersey Criminal Code addresses offenses involving driving while intoxicated in N.J.S.A. 2C: 39:4-50, stating the following with regard to first offenses for DWI:

(a) Except as provided in subsection (g) of this section (which pertains to DWI offenses committed within a school zone), a person who 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 by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:

(i) if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle.

(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotics, hallucinogenic, or habit-producing drug, or the person permits another person who is under the influence of narcotics, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle.

Penalties for First Offense DWI in New Jersey

First Offense DWI – BAC levels between 0.08% and 0.10%:

  • Fine: Ranging from $250 to $400.
  • Imprisonment: Maximum sentence of 30 days to be served in the county jail. 
  • Driver’s License Suspension: Loss of driver’s license until Ignition Interlock Device (IID) is installed in the vehicle.
  • Intoxicated Driver Resource Center (IDRC): Between 12 and 48 hours of program attendance 
  • Ignition Interlock Device (IID): Installation for up to three months.

First Offense DWI – BAC levels above 0.10% but less than 0.15%:

  • Fine: Ranging from $300 to $500
  • Imprisonment: Maximum sentence of 30 days to be served in the county jail.
  • Driver’s License Suspension: Loss of driver’s license until Ignition Interlock Device (IID) is installed in the vehicle.
  • Intoxicated Driver Resource Center (IDRC): between 12 and 48 hours of program attendance 
  • Ignition Interlock Device (IID):  For 7 months to 1 year.

First Offense DWI – BAC levels above 0.15% 

  • Fine: Ranging from $300 to $500
  • Imprisonment: Maximum sentence of 30 days to be served in the county jail.
  • Driver’s License Suspension: Loss of driver’s license for 4 to 6 months.
  • Intoxicated Driver Resource Center (IDRC): between 12 and 48 hours of program attendance
  • Ignition Interlock Device (IID):  For 9 to 15 months.

On top of all of these penalties, first DUI charges result in the following costs and fees:

  • $100 Motor Vehicle Restoration Fee
  • $100 Drunk Driving Enforcement Fund (DDEF) surcharge
  • $75 Safe Neighborhood Services Funds (SNSF) surcharge
  • $50 fee to the Violent Crimes Compensation Board (VCCO)

Contact Belmar NJ DWI Defense Law Firm for Assistance

For additional information as to how these Monmouth County DWI defense attorneys can assist you or someone, you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Uliano & Walsh at 732-440-3950 or  888-328-9131.