A Driving While Intoxicated (DWI) conviction in New Jersey carries with it serious consequences. Depending on your Blood Alcohol Content (BAC), and assuming your BAC reading is valid, you can lose your driving privileges in New Jersey, and any most other states, anywhere from 3 months to 10 years depending on your number of prior convictions. You can also face a period of incarceration (unlikely for a first offense; a mandatory 180 days for a third or subsequent offense). The financial consequences associated with a DWI conviction are also significant.
One misconception I often hear when discussing DWI’s with those unfamiliar with the law is that, as long as your BAC is under the presumptive limit of .08%, you will not be found guilty of Driving While Intoxicated. This is simply not true. Having a valid reading of .08% merely means that the prosecution can rely solely on such reading to convict the driver of Driving While Intoxicated. Even with a reading below .08% BAC, the prosecution can prove a driver is guilty of Driving While Intoxicated through other evidence such as the odor of alcohol, the driver’s speech and physical movements and his or her performance of the Field Sobriety Tests (FSTs).
To make matters more dire for those charged with Driving While Intoxicated is the fact that prosecutors in the State of New Jersey are prohibited from plea bargaining DWI cases. Therefore, absent a not guilty finding after a trial or a dismissal, a person charged with Driving While Intoxicated will have a DWI conviction permanently reflected on his or her driving record.
Due to the foregoing, if charged with a DWI, it is imperative that you retain the services of an attorney versed in New Jersey DWI law to attack the State’s case. This means challenging the reason the driver was stopped, the administration and performance of the FSTs and the validity of the breath sample. Even if you cannot get the DWI charge dismissed, a successful challenge to the BAC reading could result in a 3 months suspension instead of a 7 month suspension for a first offense DWI. For most of us the difference between losing your driving privileges for 7 months and losing them for 3 months is substantial.
For a free consultation, contact us at 856-546-8200.