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.
Hamilton Township DWI Defense
You won’t have a jury trial in Hamilton Township 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.
Hamilton Township DWI Defense: Factors Influencing Penalties
The judge has many factors to consider in a DWI case. Some of these include:
- The age of the defendant
- The defendant’s BAC
- Whether this is the first offense
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.
New Jersey DWI Penalties
We have a dedicated page about New Jersey DWI penalties that we recently updated; here is some information for first and second offenders. If you have any questions about this, please don’t hesitate to reach out to us.
As a first-time offender with a BAC of .08 percent to .10 percent, here are the penalties you could face:
- Fines of $200 to $400
- 12-hour stay in the Intoxicated Driving Resource center
- 30 days in jail
- 3-month driver’s license suspension
- Ignition interlock device on your vehicle for six to 12 months
- If you are a first-time offender and your BAC level was .10 percent or more, the following changes to the above penalties will occur.
- Fines of $300 to $500
- 7-month to one year driver’s license suspension
If you were convicted of a second offense and your BAC level was .08 or more, here are the penalties:
- Fines from $500 to $1,000
- Individual treatment classification including your stay in the Intoxicated Driving Resource Center.
- 2 to 90 days in jail
- Driver’s license suspension of 2 years
- Ignition interlock device on for one to three years
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.
Hamilton Township DWI Defense: Always Fight a DWI Charge
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.
Speak with an Experienced Hamilton Township DWI Defense Attorney
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 856-672-1394 now to schedule a free consultation.