First Offense DWI

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Red Bank NJ First Offense DWI Defense Attorneys

In New Jersey, the State vigorously prosecutes those charged with driving while intoxicated (DWI) or driving under the influence (DUI), imposing severe penalties that can have reverberating negative consequences for years to come. In order to avoid or decrease some of the potential repercussions, it is crucial to obtain a well-informed defense attorney with the skills necessary to deftly chart these waters and to facilitate the best possible result for you or someone you love.

The penalties for a first offense for DWI are contingent upon the driver’s blood alcohol content (BAC), provided that he or she did not refuse to submit to a breathalyzer test. Offenses involving a BAC of between 0.08% and 0.10% entail a specific set of penalties, while those for offenses involving a BAC above 0.10% are punishable by more severe consequences. Nevertheless, a first offense DWI violation may result in a period of driver’s license suspension, hundreds of dollars in fines, program attendance at one of the State’s Intoxicated Driver Resource Centers, and even a jail sentence. Collateral consequences such as increases in insurance premiums and employment issues due to lack of transportation can also become problematic after an individual is found guilty of DWI. 

With copious knowledge of State law pertaining to DWI in New Jersey, the lawyers at Chamlin, Rosen, Uliano & Witherington employ all means necessary to ensure that their clients are protected from the full impact that a DWI or DUI conviction can have on their lives. With a variety of specifically-formulated tactics for fighting these charges, these skilled attorneys carefully examine every component of a DWI case, from the circumstances that preceded the stop to the procedure followed during and after the arrest. They have had countless successes defending clients against DWI charges due to their attentiveness and precision when evaluating these cases and are pleased to provide free consultations. Contact their West Long Branch office today at 732-440-3950 to speak with one of the firm’s talented DWI defense attorneys. 

First Offense DWI in Monmouth County: N.J.S.A. 2C: 39:4-50

The New Jersey Criminal Code addresses offenses involving driving while intoxicated in N.J.S.A. 2C: 39:4-50, stating the following with regard to first offenses for DWI:

(a) Except as provided in subsection (g) of this section (which pertains to DWI offenses committed within a school zone), 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:

(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;

Penalties for First Offense DWI in New Jersey

As prescribed in the aforementioned statute, first offenses for DWI in New Jersey are separated into two distinct categories: those involving a blood alcohol content (BAC) of between 0.08% and 0.10%, and those involving a BAC above 0.10%. The penalties imposed upon conviction for these offenses increase relative to the BAC of the individual charged, with additional penalties for offenses involving a BAC above 0.15%. However, all violations involving a first offense DWI are punishable by a period of driver’s license suspension, hundreds of dollars in fines, program attendance at one of the State’s Intoxicated Driver Resource Centers, and even a jail sentence. Specifically, punishments may include the following: 

First Offense DWI – BAC Between 0.08% and 0.10%: 3-month period of driver’s license suspension, fine ranging from $250 to $400, maximum sentence of 30 days to be served in the county jail, between 12 and 48 hours of program attendance at an Intoxicated Driver Resource Center, and additional New Jersey Motor Vehicle Surcharge amounting to $1,000 per year for three years

First Offense DWI – BAC Above 0.10%: period of driver’s license suspension ranging from 7 months to 1 year, fine ranging from $300 to $500, maximum sentence of 30 days to be served in the county jail, between 12 and 48 hours of program attendance at an Intoxicated Driver Resource Center, and additional New Jersey Motor Vehicle Surcharge amounting to $1,000 per year for three years

NOTE: those whose BAC registers at 0.15% or higher may also be subject to a mandatory ignition interlock device to be installed in their vehicle during the period of license suspension, as well as 6 months thereafter.

Contact Belmar NJ DWI Defense Law Firm for Assistance

For additional information as to how these Monmouth County DWI defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or toll free at 888-328-9131.

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Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

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