The penalties for a DWI in New Jersey are stiff. In this state, it is considered a serious motor vehicle violation. Some people may only think that they will lose their driver’s license for a few months; however, fines and jail time are possible if you are convicted for DWI. In addition, a DWI remains on your criminal history and driving record.
You won’t have a jury trial because DWIs are considered quasi-criminal. Only a judge will hear your case. If an appeal is what you want, then you will have another judge. The facts of the case will be presented to the appeal judge and then it’s up to the judge to determine if you are guilty or not guilty.
The judge has many factors to consider in a DWI case. Some of these include:
The judge can order that an ignition interlock device be installed on any vehicle that you own. An interlock device requires that you provide a breath sample to determine your BAC any time you get behind the wheel. If that breath sample finds that your BAC is .05 percent or more, your vehicle will not start. The judge also could decide if the IID will stay on your vehicle for up to three years, depending on whether you have had previous convictions for DWI.
As a first-time offender with a BAC of .08 percent to .10 percent, here are the penalties you could face:
If you were convicted of a second offense and your BAC level was .08 or more, here are the penalties:
The penalties can go up even more if you are convicted a fourth time. If you refuse to take a breath test, you will be subject to the same fines, just as someone who did submit a breath sample and was found to be over-the-limit.
While it may seem easier to simply plead guilty to a DWI charge, the effects that this plea can have on your entire life are serious. A conviction for DWI can lead to the loss of your job. You may find it difficult to find a place to live. Your family and friends may be unhappy. These are all good reasons to fight your DWI, but you must also remember that a DWI involves a loss of your driver’s license as well. Depending on friends, family or local transportation, options can be frustrating. Fight your DWI – these can be winnable cases.
The Law Offices of Stephen Lukach can help you fight your DWI charge. Being arrested and charged with this crime is a serious matter. There are harsh penalties, including possible jail time. Protect your rights and call 856-617-1394 now to schedule a free consultation.