Frequently Asked Questions About DWI In New Jersey
What Happens If I’m Pulled Over And I’ve Been Drinking In New Jersey?
Very often the police officer will try to engage the motorist in a conversation to try to find out whether or not the odor of alcohol is emanating from their person. If the officers do smell alcohol, very often the police officer will ask whether or not the person’s been drinking and if so, how much.
If the Police Develop Reasonable Suspicion That the Driver Is Impaired, They Will Make an Arrest
Shortly thereafter, the police officer would try to administer what’s called standard field sobriety test to determine whether or not they have reasonable suspicion that the person’s been drinking. Then if they do believe reasonable suspicion exists, they will place the person under arrest for a DWI.
What Happens If You Refuse A Breathalyzer Test In New Jersey?
In the state of New Jersey if you refuse to take a breathalyzer, you will be given not only a summons for a DWI, but you’ll also be given a summons for refusing to take the breath test. This is a separate and distinct summons that will have to be defended by you and your attorney.
What Can I Expect When I Go To Court?”
To have your attorney make sure that they make sure they receive all the police reports, the discovery, videos, audios, and to have a comprehensive conversation with the prosecutor. Then the judge will have a conversation with your attorney to make sure that the case is going along and that it will reach a disposition or an end result in a plea or go forward on a trial.
What Kind Of Evidence Would Be Used By The Prosecution To Convict Me Of The DWI Charge?
They would use the police observations of the individual’s control of the car and what observations the officers had about the individual’s physical attributes. This includes any observations about the driver’s bloodshot, watery eyes, if they emanated an odor of alcohol, and if they exhibited slurred speech.
They will use the results of the sobriety tests, as well as any breath test, urine test or blood test that was performed in addition to any statements made by the motorist with regard to where they were drinking, if they were drinking and how much they were drinking.
What Affect Does The DWI Have On My New Jersey Driver’s License?
If someone is convicted of a DWI in the state of New Jersey, it is only a traffic infraction. However, it would lead to a suspension of their driving privileges for as little as three months and for as much as twelve months for a first offense.
What Can I Expect If I Am Convicted For A DWI?
The penalties for a DWI in the state of New Jersey depend on what your blood alcohol content was. If your blood alcohol content was at .08 or .09, the judge will impose a three month suspension. A driver with a blood alcohol content result above .09, will receive a seven months driving suspension, as well as fines that range between $666 up to $866.
If the blood alcohol content was a 1.5 or more, the driver will have to install an ignition interlock device as well as taking twelve hours in the intoxicated driver resource center, which is similar to a driving school.
What Happens If I Have Multiple DWI’s?
If you have two DWI’s within a ten year period, the second DWI conviction would result in a two year loss of license, a minimum of two days in jail which you could serve in the IDRC, and up to ninety days in jail as well as community service.
On a third DWI the law requires the person, if they’re convicted, to have a ten year driver’s license suspension. They have to serve 180 days in jail, 90 days of which can be served in an in-patient rehabilitation program. So, multiple DWI’s in the state of New Jersey can result in very large consequences for drivers.
What Are Some Of The Repercussions If Someone Had A Vehicular Accident And They Were Arrested For DWI?
Having an accident and also being charged with a DWI does not automatically qualify for a more serious charge. However, having had an accident and then being charged with a DWI can be a very significant aggravating factor in determining an outcome of a case. It is a factor in determining how the case will be resolved between your attorney and the prosecutor or how this judge will ultimately sentence you if you’re convicted of the DWI.
How Can Someone Win A DWI Case?
There are many challenge points for a DWI. A challenge point is a point that your attorney can challenge in court for you. They include certain evidence, such as why you were pulled over, whether the proper procedures were used in administering a field sobriety test, and whether the proper procedures were used in administering a breath test.
In order to win a DWI an attorney would need to analyze these challenge points and put forth a challenge to each of them.
What Are Some Options Besides The DWI Conviction In New Jersey?
In the state of New Jersey there is no plea bargaining for DWI’s. However, a prosecutor can move to dismiss a DWI if they feel they cannot prove it beyond a reasonable doubt. The only option for the driver is to go to trial on the original DWI charge.