First Offense DWI in New Jersey – N.J.S.A. 39:4-50

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Elmwood Park NJ First Offense DWI Defense Attorneys 

Bergen County DUI Lawyers with Offices in Hackensack, New Jersey

First Offense DWI Charges Bergen County NJ
First Offense DWI Charges Bergen County NJ

Although a DWI is a traffic offense in New Jersey, not a criminal offense, it is a very serious charge that can result in a number of consequences and penalties if convicted. These penalties include a lengthy suspension of your NJ driving privileges (3 months to 1 year on a first offense, a fine, alcohol and drug classes at the DMV, and up to 30 days in jail. In addition, if your reading was higher than a .15% BAC, you are facing the installation of a blowing device on your vehicle for 6 months to 1 year when you get your license back. Finally, you are also facing expensive surcharges from the DMV as well as your own insurance company. Considering the seriousness of these penalties, it is crucial that you do not delay in speaking with an experienced DWI defense lawyer.

Travis J. Tormey is an experienced criminal defense and drunk driving (DWI) attorney who has years of experience representing clients charged with alcohol-related offenses, including refusal to submit to a breath test, DWI in a school zone, and underage DWI. He appears regularly in courts throughout New Jersey, including Palisades Interstate Park, Elmwood Park, East Rutherford, and Fort Lee.

In fact, Mr. Tormey is one of the few New Jersey attorneys who are certified Alcotest 7110 operators. The Alcotest is the breath testing device used by law enforcement throughout the state. Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath testing device. This knowledge and expertise can be used to attack the reliability of the breath test result in your case.

With offices conveniently located in Hackensack, Mr. Tormey and his team of qualified drunk-driving defense attorneys are available immediately at (201)-330-4979 to assist you. You can also use the online contact form to schedule a free consultation.

 

First Offense DWI in New Jersey

A violation for drunk driving (DWI) in New Jersey is governed by N.J.S.A. 39:4-50, which provides, in pertinent part, that for a first offense:

§ 39:4-50. Driving while Intoxicated (DWI)

(a) Except as provided in subsection (g) of this section, 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:

(1) For the first offense:

(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, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

(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 narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, 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, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

 

What Are the Penalties for a First DWI Offense in New Jersey?

The legal limit in New Jersey is .08 percent Blood Alcohol Content (“BAC”). If your BAC is between .08 percent and .10 percent, this is known as a “lower tier” offense and includes the following penalties:

  • License Suspension: Three months
  • Fine: $250 to $400
  • Jail: Up to thirty days
  • Intoxicated Driver Resource Center (IDRC): 12-48 hours
  • Mandatory fines and penalties
  • New Jersey DMV Surcharge: $1,000 per year for three years

If your BAC is over .10 percent, you face the following penalties on a first offense:

  • License Suspension: Seven months to one year
  • Fine: $300 to $500
  • Jail: Up to thirty days
  • Intoxicated Driver Resource Center (IDRC): 12-48 hours
  • New Jersey DMV Surcharge: $1,000 per year for three years
  • Mandatory fines and penalties
  • If your BAC is .15 percent or higher: Mandatory ignition interlock device for period of license suspension and for six months following license suspension.

Note: If your first offense was committed 10 or more years ago and you commit another DWI offense, your new offense can be treated as a first offense based on a “ten-year step-down.”

 

Speak with an Experienced Hackensack DWI Lawyer Today

It is possible for you to avoid the most significant DWI penalties. If you have been charged with a DWI in New Jersey, it is imperative that you speak with an experienced drunk driving attorney immediately. Contact the Tormey Law Firm today at (201)-330-4979. You can also fill out our online contact form to schedule a free consultation at our Hackensack offices.

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Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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