New Jersey DWI Lawyer Blog

If there is one thing that most people need to live and work in our modern age, outside of food and lodging, it might be a valid driver's license. From the day we receive our learner's permit -- and later a full-fledged license -- we begin to value the freedom of movement that driving a car or truck provides. However, for many people, the state can revoke, suspend or otherwise withhold a motorist's driving privileges for certain convicted offenses.

Whether one lives in Monmouth, Ocean or Sussex County, for those caught up in a drunken driving arrest it is not so far flung of a statement to suggest that a temporary, and sometimes long-term, loss of their New Jersey driver's license could be in the offing depending on the nature of the charges and the driver's history of DWI, drug DUI, or other impaired driving offenses.

Considering the freedom and independence that a license imparts to an individual, it's hardly worth tempting fate with a drunk driving arrest, much less a potential conviction. Still, circumstances can arise leaving a driver in the unenviable position of losing his or her driver's license based on a local court's ruling following a guilty verdict or guilty plea regarding charges of driving while intoxicated, or operating a motor vehicle while impaired by prescription medication.

Continue reading "Bergen County DWI Defense: New Jersey Drunken Driving Conviction Can Lead to Revoked Driver's License" »

It's not surprising, with all the anti-drunken driving campaigns that target potentially impaired Garden State motorists every year, that New Jersey law enforcement agencies and our court system hold little love for drivers convicted of DWI or drug DUI. While use of illicit drugs, such as cocaine and marijuana, by some drivers is seen by police officers on a weekly basis, impaired driving as a result of alcohol consumption is likely much more common by the average citizen.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand how quickly a driver can find him or herself on the receiving end of a DWI or DUI summons. When that day comes, it's a good idea to consult with a qualified DWI attorney to better understand one's options.

Naturally, it's a given that being convicted of operating a motor vehicle while intoxicated or otherwise impaired by alcohol, prescription drugs or other illegal substances (also know as controlled dangerous substances (CDS), will likely include some serious sanctions -- namely heavy fines and other monetary penalties. But in addition to these financially costly penalties, the courts also have the ability, in many cases, to include a license suspension as part of the list of penalties the defendant will have to bear.

From the standpoint of fees, in general, anyone who is convicted of drunken driving in New Jersey can face fines upward of $1,000 for a single instance and penalties (including surcharges to a driver's insurance premiums) of possibly $4,000 to $5,000 or more over the course of three years. This includes numerous fees for the DWI Enforcement Fund, MVC Restoration Charge, potential out-patient counseling, Safe Neighborhood Fund, Violent Crime Compensation Board Fund, not to mention court costs.

Continue reading "New Jersey Drunken Driving Defense Update: Driver's License Suspension Possible following DWI or DUI Conviction" »

In many states, the Garden State included, ignition interlocks can be ordered installed in vehicles used by convicted drunken driving offenders as a way of keeping intoxicated drivers off the road. While some people oppose these types of laws, traffic safety and anti-drunk driving supporters maintain that mandatory ignition interlocks are a good thing.

As New Jersey DWI defense lawyers, my staff is well aware of the fines and penalties associated with a drunk driving conviction. In addition to court fees and punitive fines, motorists charged with driving while intoxicated by alcohol or prescription drugs (drug DUI) can also end up paying inflated car insurance premiums and even face jail time for multiple offenses.

One of the legal judgments that can come down from the bench following a DWI conviction is the mandatory installation of an ignition interlock onto a convicted drunk driver's vehicle. The types of devices are designed to prevent the starting of a vehicle if the operator has a blood-alcohol content (BAC) exceeding a certain value. Akin to a mini breathalyzer, an ignition interlock device will disable a car or truck's starting system if the unit detects alcohol on the driver's breath.

A short time ago, Pennsylvania's Supreme Court overturned a ruling that resulted from a legal challenge to that state's law regarding the use of ignition interlock devices. Based on news reports, the ruling not only closed a loophole in state law, it also clarified the application of ignition interlocks in DWI cases.

Continue reading "New Jersey DWI Defense News: Penn. State Supreme Court Overturns Challenge to Ignition Interlock Law" »

Being stopped by the police here in New Jersey for a traffic-related offense is not uncommon, nor out of the ordinary. With more than eight million residents and a population density of nearly 1,200 people per square mile, the odds of someone you know getting a traffic ticket in the next 12 months is actually quite high. What many people do not expect, when their "time" comes, is that they could also receive a summons for DWI as well.

The fact of the matter is, anyone who takes a drink prior to hitting the roads anywhere across the Garden State runs the risk of being arrested for drunken driving. Not that every driver who gets pulled over for a broken taillight or cracked windshield will be charged with driving while intoxicated, but the chance does exist. The odds of being accused of driving under the influence rises with the amount of beer, wine or hard liquor one may have consumed before getting behind the wheel.

As New Jersey DWI defense lawyers, I and my colleagues have extensive experience representing motorists who have been arrested for drunken driving, as well as drug DUI. Drug DUI, it should be explained, is similar to DWI, except it applies to an individual who is suspected of operating a motor vehicle while under the influence of prescription medication or illicit drugs. Marijuana, cocaine and crystal meth come under the latter heading.

Whether you live in Hudson, Essex, Passaic or Bergen County, if you are convicted of DWI or drug DUI, severe penalties can be attached to that conviction. Someone who has been issued a traffic ticket or a summons for DWI, DUI or breath test refusal, is well advised to contact a qualified legal professional to better understand his or her rights, as well as familiarize themselves with the potential fines and fees associated with a drunken driving conviction.

Continue reading "New Jersey DWI Defense: Penalties Abound for Garden State Motorists Convicted of Driving While Intoxicated" »

When it comes to defending motorists against charges of drinking and driving the subject of unintended consequences comes up from time to time. While no one who takes a drink at a restaurant, bar or family gathering expects to be stopped by the police when driving home, it is a distinct possibility. The same goes for those people who fail to realize the effects of certain prescription medications, which may cause drowsiness or reduced ability to control a motor vehicle on public roads.

As a New Jersey drunk driving attorney, I and my staff of experienced DWI defense lawyers understand how the seemingly minor act of having a drink with friends can precipitate a drunken driving arrest. (And for those who occasionally take a puff of weed or cannabis, these same holds true.) Regardless of whether you live or work in Middlesex, Hudson, Somerset or Union County, be aware that here in the Garden State the police and our courts maintain a dim view of driving while intoxicated, either by alcohol or prescribed medicines (drug DUI).

Touching on the topic of unintended consequences, we can only say a motorist who is involved in a DWI- or DUI-related traffic accident does not do themselves any favors by leaving the scene of the accident. Statistics will surely bear this out, but many hit-and-run drivers are eventually caught by police, which can only compound the original incident. This was apparently the case of a Pennington resident who was recently sentenced to three years in jail for a 2009 accident in Mercer County that put a motorcycle in the hospital with serious injuries.

According to news reports, 24-year-old Craig Brauer accepted a plea arrangement with the Mercer County prosecutor's office. The deal reportedly included a guilty plea to 3rd degree aggravated assault by auto in exchange for a straight 4-year jail sentence. Originally charged with 2nd degree aggravated assault by auto and leaving the scene of an accident, Brauer could have gone away for up to 10 years.

Continue reading "Pennington Motorist Gets 3 Years for Injuring Motorcyclist in DWI-related Hit-and-Run Crash" »

A 2009 appellate decision that looked to be a potential problem for individuals convicted of breath test refusal in New Jersey was reversed by the NJ Supreme Court earlier this year. Depending on the circumstances, a motorist who is pulled over for a traffic infraction can end up being cited for driving under the influence of alcohol. But, as many people already know, being arrested for drunken driving can also include a charge of breath test refusal if the motorist declines to provide a breath sample.

If the arresting officer suspects that the driver is drunk due to beer, wine or hard liquor consumption, he may request that the suspect take a breathalyzer test, also known as an Alcotest. As New Jersey DWI defense lawyers, I and my colleagues are certified in the maintenance and operation of the Alcotest device, which allows us to better argue the limitations of this machine and errors that can occur durin its use.

Should a driver refuse to take a breath test, or blood test, used by police to measure blood-alcohol content (BAC), the officer in charge is within his right to charge that person with breath test refusal. This has been a common course of action when a driver has chosen not to be tested. Until recently, the courts have not been allowed to treat refusal convictions as full-blown DWI convictions when considering a repeat driving while intoxicated offense. However the appellate case reviewed by the NJ Supreme Court had threatened to change all that.

According to court records, in the case of STATE v. CIANCAGLINI, the New Jersey Supreme Court unanimously rejected the appellate court ruling that would have turned previous breath-test refusals into proof of prior drunken driving. Had the Supreme Court not rejected that earlier ruling, it could have meant that hundreds, and maybe thousands of motorists who had previously been convicted of refusing to take a breathalyzer test in New Jersey would have found they had what amounted to the equivalent of a prior drunken driving conviction on their record.

Continue reading "NJ Supreme Court Says No to Using Breathlyzer Refusal Convictions as Proof of Prior Drunken Driving" »

Picking up on our discussion previously regarding fighting a drunk driving charge, we've already talked about the possible causes of failing one or more of the standardized field sobriety tests that most police officers administer to allegedly drunk drivers in order to gauge their level of so-called drunkenness.

As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues know the procedures that law enforcement departments train their officers to follow when arresting a motorist for driving under the influence of alcohol, prescription medication or illegal drugs. These tests are designed to evaluate a person's level of inebriation, but they can also result in false assumptions.

In fact, an individual doesn't need to be drunk to fail a field sobriety test, or FST. Many people who have had nothing alcoholic to drink can still struggle to pass FSTs under a variety of conditions. The takeaway here is that even if you ever struggled and possibly failed the FSTs, it can still be attributed to the setting and circumstances of the test, and not always because a person is intoxicated.

For those who do not agree, simply attempt to accomplish some of the standardized field sobriety tests at home, in a comfortable non-threatening setting, on a level and firm floor, and without any nervousness or anxiety. You could be surprised at what you discover.

When a skilled drunk driving defense lawyer is there by an individual's side to raise reasonable doubt in the court's mind as to whether or not that person was indeed intoxicated, the results can also be surprising.

Meanwhile, there are other, rather innocent explanations for various "symptoms" of drunkenness. Many police officers will claim to have observed certain of these "objective symptoms of intoxication" in a person suspected of drunken driving. The standard list includes the following:

• Bloodshot and watery eyes


• Slurred speech


• A flushed face and


• An unsteady gait

Oddly enough, DWI police reports can include pre-printed boxes indicating some or all of these so-called symptoms, right there waiting for an officer to check them off. At any rate, the non-alcohol causes for these observations often include fatigue, allergies or eye strain that can cause bloodshot eyes, nervousness, embarrassment and/or anger about being pulled over in the first place, which can result in flushing. Even a feeling of intimidation or being flustered by the event can result in slurred speech.

Unfortunately, the police rarely take these innocent explanations into account. This is why an experienced New Jersey DWI defense attorney is someone that should be consulted whenever a motorist feels he or she was falsely accused of driving drunk.

Being stopped by a New Jersey state trooper or local municipal patrolman can be a nerve-jangling experience especially when a driver has perhaps imbibed some alcohol as part of a holiday celebration. Whether its beer or wine consumed at a local restaurant or hard liquor or cocktails shared at a neighborhood pub or bar, driving after drinking even a little alcohol can put a driver's future in jeopardy.

Drunken driving, driving while intoxicated or operating a motor vehicle under the influence of alcohol or prescription drugs; whatever the phrase, a DWI or DUI conviction here in the Garden State can bring heavy penalties and fines, not to mention possible jail time. As a New Jersey drunk driving defense attorney, I and my colleagues provide council and representation to residents in Bergen, Ocean, Passaic and many other counties throughout the state.

Simply put, a drunk driving arrest begins a process that can be both embarrassing and costly to any driver unlucky enough to have been stopped for impaired driving. Even under the best situation, the business and social price of a DWI or DUI arrest and conviction can be devastating to a person.

Financially-speaking, fines and penalties for a first-time drunken driving conviction as well as future increases in auto insurance premiums can be costly, especially in these economically tough times. For those convicted of a subsequent DWI the cost rises as well. Here are just a few examples of the potential monetary impact that a drunk driving conviction in New Jersey can hit a motorist. As with any drunken driving case, jail time or community service may also be ordered by the court against a person who is found guilty of DWI or DUI.

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher)

Second DWI Offense
$500-$1,000 fine

3rd DWI Offense
$1,000 fine

Various additional fines and costs
DWI Enforcement Fund -- $200
Violent Crime Compensation Board Fund -- $50
Safe Neighborhood Fund -- $75
New Jersey MVC Restoration Charge -- $200
Fees for out-patient counseling as referred by the IDRC -- $150
Court costs -- Up to $33

Having worked for many years as a municipal prosecutor I gained a healthy respect for the people serving in law enforcement. Now as a New Jersey DWI defense lawyer, I defend motorists accused of driving while intoxicated, arrested by some of those very same officers. While I admire the dedication of our police and their commitment to public safety, it gives me pause when I read about patrolmen and other individuals associated with law enforcement who flaunt the very laws they are sworn to uphold.

Being accused of drunken driving is nothing to be taken lightly, especially when fines and jail time are fairly heavy and the social stigma of being convicted of driving under the influence of alcohol can very often ruin reputations and business careers. The police, like other persons of authority, have a duty to be exemplary role models to the rest of society.

A recent news article reminds all of us that police officers do not always practice what they preach, and sometimes cause great harm when ignoring the law themselves. Based on reports, forty-year-old Ruth Zelaya died on March 24 as a result of "complications from a 2007 car crash that killed her 2-year-old son and left her in a comatose state until her recent passing.

According to court reports, the three-year-old accident was caused by Kevin Freibott, a Middletown resident and Jersey City police officer. The former cop plead guilty in December 2007 to vehicular homicide, assault by auto and drunk driving. The ex-patrolman, now 40 years old, is currently serving an 11-year prison sentence and is not expected to face additional charges as a result of Zelaya's death due to the terms of his plea agreement.

The accident occurred in January 2007 on a stretch of the Pulaski Skyway in Jersey City following a Freibott's reportedly five-and-a-half-hour "drinking marathon." According to police records, the man's blood-alcohol content (BAC) was 0.242 percent -- better than three times the legal limit in New Jersey.

An FBI agent who saw Freibott's Jeep Cherokee shortly before the crash told authorities that it "blew by him like he was standing still," Hudson County Assistant Prosecutor Peter Stoma told Superior Court Judge Peter J. Vazquez.

News articles state that Freibott was fired from the Middletown police department in 2001 following a minor accident outside a tavern, however he was reinstated one year later. In 2005, he transferred over to the police department in Jersey City.

Other reports show that Freibott had a history of driving offenses dating back to 1986. According to New Jersey Motor Vehicle Commission records, the man had six traffic violations between 1988 and 2001, including two for speeding and one other for driving under the influence of alcohol.

SECOND VICTIM OF DRUNK COP DIES, RedBankGreen.com, April 27, 2010

A resident of Oak Ridge, NJ, was recently given three years in jail for a May, 2009, drunk driving accident that left a 71-year-old newspaper delivery man with multiple injuries. As a New Jersey DWI defense attorney, my firm handles drunken driving cases through the Garden State. I know from experience that severe injury accidents involving alcohol can land a motorist in prison very easily.

In this particular case, the defendant was found guilty of operating a motor vehicle while intoxicated. Furthermore, the man had apparently tried to elude Jefferson Township police while driving drunk a second time months after the accident, something that never improves one's chances in court. As a former municipal prosecutor, I understand the strategies used by prosecuting attorneys when it comes to DWI offenders.

According to news reports, Superior Court Judge David Ironson sentenced 23-year-old Ibrahim Hasan to three years in prison for having deprived the victim, Oak Ridge resident Jerry Begley, of what should have been his golden years.

The defendant's attorney had requested a sentence consisting of a long-term, in-patient substance abuse therapy and probation, instead of prison. Apparently the judge turned down that request.

At the time of the accident, Begley was reportedly a subcontractor who delivered the Daily Record and other newspapers. He was on his way from his Oak Ridge home to retrieve newspapers in Hibernia when the defendant crossed into his lane on Berkshire Valley Road around 1:30am on May 5, 2009. The cars collided head-on. Hasan reportedly had a blood-alcohol content (BAC) of 0.13 percent following the collision.

Police reports show that Begley was extricated by rescue workers, who cut him out of his vehicle. He reportedly has undergone multiple surgeries to repair breaks in his legs, pelvis and arm, as well as to mend his hips.

In his second instance of drunk driving in July of last year, Hasan apparently eluded police for five miles on a motorcycle after an officer signaled him to pull over for having a broken taillight. He was driving 62mph in a 45mph zone, and found to have a BAC of 0.15 percent after being stopped by police.

In addition to his prison term, Hasan was ordered to pay $2,591 in restitution to Begley and another $2,160 in fines. His license was suspended by the judge for two years.

Oak Ridge man gets prison for drunken crash, fleeing police, DailyRecord.com, March 12, 2010

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it -- drunken driving, driving under the influence, DWI or driving while intoxicated -- here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person's standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).

First DWI Offense
Expect to pay a $250-$400 fine if your blood-alcohol content (BAC) is 0.08 percent or higher, yet less than 0.10 percent (this increases to $300-$500 fine for a BAC of 0.10 percent or higher); You'll also end up paying an automobile insurance surcharge of $1,000 per year, which will continue for three years.

Second DWI Offense
The court will typically levy a $500-$1,000 fine. Plus, expect to fork over that $1,000 annual automobile insurance surcharge for three years.

3rd DWI Offense
Third-time conviction will usually net you a $1,000 fine. And the automobile insurance surcharge rises to $1,500 per year for three years.

Having an Open Alcoholic Container in the Passenger Compartment
$200 fine (first offense); $250 fine (second offense).

Refusal to Submit to a Breath Test
$300-$500 (first offense); $500-$1,000 (second offense); $1,000 fine (third offense);
Automobile insurance surcharge of $1,000 per year for three years (first and second offenses); $1,500 insurance surcharge (third offense).

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
There are surcharges in addition to the normal fines. These surcharges range from $50 to $100 dollars depending on where the funds go, such as the drunk driving enforcement fund, Motor Vehicle Commission restoration, Intoxicated Driving Program, Violent Crimes Compensation Fund, Safe and Secure Community Program, plus state and municipal fees.

As a New Jersey drunk driving defense lawyer, I and my firm have the necessary experience to make the difference in most any DWI, breath test refusal, or drug DUI case. While it might seem that a first-time conviction for driving under the influence of alcohol may not be that serious, think again. Not only are the penalties for a first-time offense stiff, it only make a possible second or third arrest and conviction for driving while intoxicated that much more serious.

Anyone looking at multiple convictions for drunk driving needs the services of a qualified and experienced DWI attorney. Whether an individual has been charged with DWI or drug DUI, the consequences of multiple convictions can be very detrimental to one's future. Jobs have been lost and families torn apart by the seemingly simple act of driving while impaired. Don't make a bad situation worse by not taking the proper steps to defend yourself in a court of law.

It's not uncommon for many people charged with a first-time DWI to go in front of the court by themselves. And although they may have fared better had they sought legal counsel in the wake of that first DWI arrest, there is a potential upside should they be arrested for a future drunk driving violation.

It may seem odd, but if you did not have legal representation in your first DWI case, it's possible that a court may allow your second offense to be treated as your first. At my firm we typically ask the court to handle a subsequent offense as a first offense when sentencing -- this is usually done when a defendant did not have an attorney at the time of their first conviction.

Of course, timing is everything. If your first charge of driving while intoxicated had not been resolved when you were picked up again, some judges have been known to allow your multiple sentences, including periods of license suspension, to run concurrently.

Another consideration is the place where the individual arrests were made. If your first DWI conviction occurred out-of-state, this does not automatically raise your current New Jersey offense to that of a multiple DWI or drug DUI offense. An experienced attorney can argue that possible discrepancies in the drunk driving laws of the two states means you should be sentenced under New Jersey DWI/DUI penalties for first offenders.

Consider these as strong examples of why hiring a qualified New Jersey DWI lawyer is in your best interests. It can make the difference between a bright future and one that is fraught with complications and lost opportunities.

The death of an innocent person is no time to say I told you so, but the recent fatal DWI accident in Ocean County involving 25-year-old American Idol contestant, Alexis Cohen, points up something that no one should ever contemplate when pulled over for driving while intoxicated. As a New Jersey drunk driving lawyer, I'm holding this incident up as an object lesson of what NOT to do. Never attempt to flee from the police. Nothing good can come of it.

In this instance, what might have been a relatively simple case of driving under the influence of alcohol coupled with a minor parking lot fender-bender instead turned into a tragic case of vehicular manslaughter. According to reports, a 23-year-old Toms River, NJ, man had left the scene of the fender-bender next to Hemingway's Bar shortly before 4 a.m. last Saturday when his 2005 Mitsubishi Galant struck and killed Cohen, who was on foot.

The driver, Daniel Bark, allegedly hit a parked car in the lot adjacent to the bar, after which a bicycle-mounted Seaside Heights police officer attempted to stop the man. According to news reports, Bark fled west on Dupont Avenue and turned right onto Bay Boulevard, traveling north in the southbound lane. Authorities believe that this is where Bark hit the pedestrian, Ms. Miss Cohen.

Instead of stopping, Bark reportedly continued along Bay Boulevard for a couple of blocks until officers in patrol cars intercepted him at Hamilton Avenue as he headed for the bridge to Toms River. At the time, officers did not know that Ms. Cohen had been hit by the suspect.

Police records show that Bark, who refused a Breathalyzer test, had a previous drunken driving conviction from April 2004, after which his driver's license was suspended for 90 days. He was arrested and issued summonses stemming from the traffic stop, including driving while intoxicated, four counts of failure to yield or stop, reckless driving, failure to report an accident, driving without insurance, leaving the scene of an accident, failure to stay to the right, refusing a Breathalyzer test, failure to wear a seatbelt, failure to obey an officer's command, careless driving and traveling the wrong way on a one-way street.

This was all before police learned of the pedestrian fatality allegedly caused by Bark. Police re-arrested the man a day later and charged him with Cohen's death. He now has additional charges to deal with including aggravated manslaughter, death by auto and eluding police. As I said, nothing good ever comes from fleeing an officer of the law.

Driver faces manslaughter, DWI charges in American Idol contestant Alexis Cohen's death, www.NJ.com, July 27, 2009

Future convictions for driving under the influence of alcohol could result in the offender's vehicle being fitted with a type of breathalyzer-ignition interlock device if drunk driving legislation in Trenton continues to move foward. The specter of ignition interlocks for nearly all DWI offenses has been raised this time with the help of three New Jersey assemblymen, Gordon Johnson, Nelson Albano and Patrick Diegnan.

Under the proposed legislation (A-3073), any person convicted of a second, third or subsequent DWI offense would be required to have an ignition interlock device installed on all vehicles they either lease or own, or any vehicle that the person would operate for work, or other purposes, during their driver's license suspension period.

Even first offenders would be affected. If a person convicted of a first-time DWI had a blood alcohol content (BAC) of 0.15 percent or higher, the law would require the offender to have the device installed on his or her vehicle. In addition, the current legislation calls for the device to remain installed for six to 12 months following restoration of the individual's driver's license. The courts would retain discretion as provided under current law to require installation of the device for all other first offenders.

The measure going through the state legislature is known as "Ricci's Law," in honor of a young Egg Harbor Township teen who died from injuries sustained when a hit-and-run drunk driver struck a group of friends riding their bicycles. When caught, the driver's BAC was recorded at 0.339 percent -- more than four times the state's legal limit of 0.08 percent.

Ignition interlocks are devices similar to a breathalyzer that can be installed on the steering column and wired into the ignition of a motor vehicle. To start the vehicle, the driver must first blow into the device. If the interlock registers above a specified BAC -- typically 0.02 percent or 0.04 percent -- the vehicle will be rendered inoperable.

For repair and safety purposes, the device allows an individual other than the driver to start the vehicle, however only if the owner does not operate the vehicle himself. Under current law doing so is a disorderly persons offense and carries fines of up to $1,000.

As a New Jersey DWI defense lawyer, I have successfully represented many clients facing drunk driving charges. If you or someone you know has been accused of DWI or breath test refusal, the attorneys at the Law Offices of John F. Marshal are available 24/7 to protect your rights. Contact us for a free initial consultation at 877-450-8301.

ALBANO/DIEGNAN/JOHNSON BILL REQUIRING IGNITION BREATHALYZER FOR ALL DUI CONVICTIONS ADVANCES, PolitickerNJ.com, June 8, 2009

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI Attorney, my office has represented hundreds of drunk driving cases -- many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

Second DWI Offense
$500-$1,000 fine, automobile insurance surcharge of $1,000 per year for three years

3rd DWI Offense
$1,000 fine; automobile insurance surcharge of $1,500 per year for three years

Having an Open Alcoholic Container in the Passenger Compartment
$200 fine (first offense); $250 fine (second offense)

Refusal to Submit to a Breath Test
$300-$500 (first offense); $500-$1,000 (second offense); $1,000 fine (third offense);
Automobile insurance surcharge of $1,000 per year for three years (first and second offenses); $1,500 insurance surcharge (third offense)

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
$100 surcharge going to a drunk driving enforcement fund; Motor Vehicle Commission restoration fee of $100; Intoxicated Driving Program fee of $100; Violent Crimes Compensation Fund fee of $50; Safe and Secure Community Program fee of $75; and a $100 surcharge ($50 for the state and $50 for the municipality which obtained the conviction)