Driving is a privilege, rather than a right. Losing your driver’s license as a result of a DWI can have far-reaching consequences for your life. In fact, your ability to drive to work or school and even to do day-to-day tasks can automatically be limited. If you have been charged with a DWI, you should reach out to a skilled New Jersey DWI attorney who can assess the details of your case. You can trust that we will work diligently to try to get the charges against you dismissed or at least minimize the penalties you may be facing.
In New Jersey, the basic offense of driving while intoxicated consists of operating a motor vehicle with a blood alcohol concentration of 0.08 percent or above. If your blood alcohol is determined to be this amount or higher, the state can prove the case under what is known as a per se violation. A per se violation is an act that is in itself an offense against the law and results in automatic liability. In the context of a DWI, a per se violation would mean that the individual has violated the DWI statute in the state by having a BAC over the legal amount.
Under New Jersey law, those convicted of driving while intoxicated face a license suspension and, unlike in other states, are not eligible for any type of temporary or conditional license that would allow them to drive to work. If your license is suspended, you will not be allowed to drive under any circumstances. There are no exceptions to this rule.
Certain drug offenses in New Jersey allow for a waiver of the license suspension when hardship can be shown, but this is not possible for a DWI conviction.
A defendant who is found guilty of a DWI must immediately turn in his or her driver’s license to the court. If the defendant possesses an out-of-state driver’s license, the court does not have the power to order that defendant to turn in the out-of-state license. Nonetheless, the out-of-state driver will be barred from driving in the state of New Jersey, even though his or her out-of-state license is valid.
There may be a number of defenses that could apply in your case and help prevent you from losing your license. For example, you may be able to argue that there was no reasonable suspicion to stop your vehicle or that the Alcotest machine used to determine your BAC was not working properly. An attorney can help you figure out which defense may apply, based on the specific circumstances of your case.
If you are caught driving while your license has been suspended because of a DWI or a refusal conviction, you will face the traditional penalties associated with driving while your license is suspended as well as enhanced penalties. These enhanced penalties include an additional one- to two-year license loss, another monetary fine, and a mandatory minimum of between 10 and 90 days in jail. There are no exceptions for the jail term.
If you have been charged with a DWI in New Jersey, you should reach out to a skilled New Jersey DWI attorney who can help you understand your rights. To discuss your case in more detail, call us at 877-450-8301 or contact us online.