Drunk driving charges are some of the most common criminal offenses prosecuted in New Jersey. Other states refer to this type of offense as a driving under the influence (DUI) violation, but New Jersey uses a different term. Motorists accused of drunk driving in New Jersey face driving while intoxicated (DWI) charges.
The allegations are essentially the same regardless of the phrase used to describe the crime. Especially if the person accused of a DWI does not have any prior history with the criminal justice system, they may expect a simple slap on the wrist. Many defendants choose to plead guilty with the expectation of lenient treatment if a DWI didn’t cause harm to others and they have no significant criminal history.
Despite what many people might hope, DWI offenses in New Jersey can lead to major penalties after a guilty plea or conviction.
What are the standard criminal penalties?
There are multiple criminal consequences typically imposed by the courts after a DWI conviction. Even a first DWI offense can lead to incarceration. The courts can sentence a driver to up to 30 days in jail if there are no aggravating factors. The driver could also be at risk of probation. The courts may impose a fine of up to $500. The defendant is also subject to a three-year auto insurance surcharge and a license restoration fee. They typically have to cover court costs and face higher insurance premiums after a conviction.
The courts also typically suspend an individual’s driver’s license after a DWI arrest. The suspension can last anywhere from three months to a year. Some drivers may be eligible to regain their licenses if they install ignition interlock devices (IIDs) in their vehicles. They have to conduct a test every time they drive and pay to have the device in their vehicle maintained. Drivers also have to participate in the Intoxicated Driver Resource Center Program.
How can drivers fight their charges?
Those facing a DWI charge have many strategies available to them. Details such as their prior driving record and their medical history can influence the best strategy to employ. In some cases, there may be a reasonable explanation for why a driver failed field sobriety tests or chemical breath tests. Other times, there may be an issue with the traffic stop or with the process of gathering evidence during the stop. Issues with breath test calibration or an inappropriate traffic stop without a justification could undermine the state’s case.
Those hoping to fight pending New Jersey DWI charges typically require the guidance of a lawyer. Securing legal representation is often a critical step for those hoping to avoid DWI convictions and the various penalties that the charge could carry, and that’s okay.