Drunk driving is not only dangerous, but a New Jersey DUI conviction can make finding a job, housing, and other opportunities challenging. A drunk driving conviction can also take your license and put a strain on your finances, leaving you in a vulnerable financial position.
Do you think you can beat a New Jersey DWI charge alone? Think again. New Jersey courts are tough on those accused of driving under the influence. You need the help and experience only a knowledgeable New Jersey drunk driving defense attorney can provide. Otherwise, you can find yourself facing significant and life-altering penalties.
At the Law Office of Jason A. Volet, our New Jersey drunk driving defense lawyer will protect your rights and prepare a defense strategy to seek a favorable outcome for your situation. Our DUI defense lawyers combine effective representation, practical knowledge, and extensive resources to help you fight back. Contact our New Jersey office immediately and request a free consultation 24/7. We are committed to serving you and giving you the legal advice you need to come out the other side of this situation.
Understanding Drunk Driving Charges in New Jersey
Many people in New Jersey use the abbreviations DUI and DWI interchangeably. New Jersey makes no distinction between the terms like other states. DWI stands for driving while intoxicated and is defined as operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or greater. The charge includes operating a vehicle while under the influence of intoxicating substances like narcotics and hallucinogens. A driver can also be accused of being under the influence if their mental or physical abilities are substantially affected, regardless of their BAC.
What Must the State Prove for a DUI Conviction?
Proving driving under the influence charges requires law enforcement to collect evidence supporting the claim that an individual was behind the wheel with a BAC above the legal limit of .08 percent or otherwise intoxicated. Observations, witness statements, and field sobriety test results are often used to try to prove they were operating a vehicle while impaired by drugs or alcohol.
In New Jersey, sitting behind the wheel of a vehicle with the engine running may be enough to warrant DUI charges. The operation of a vehicle does not always mean that the person is actively driving the car. New Jersey law does not explicitly define “operation of a vehicle.” An effective prosecuting attorney can argue that an impaired individual in the driver’s seat with the engine running was operating the vehicle while drunk. Individuals have even faced the consequences of a DWI conviction for sleeping off an evening out in their vehicle.
Understanding drunk driving charges in New Jersey can be complicated. That is why you need to discuss your specific situation with a knowledgeable drunk-driving defense attorney as soon as possible.
What Are the Penalties for Drunk Driving Offenses?
The state does not take drunk driving offenses lightly. New Jersey has strict penalties for impaired driving, which can have long-lasting repercussions on individuals convicted of a DWI offense. New Jersey penalties for driving while intoxicated can be significant and include substantial fines and jail time.
Penalties for drunk driving may involve:
First-offense DWI with BAC of .08 but less than .10 percent
Fines between $250 to $400
Up to 30 days in jail
Driver’s license suspension until an Ignition Interlock Device (IID) is installed
IID for 3 months
2 consecutive 6-hour days in the Intoxicated Driver Resource Center (IDRC)
Car insurance surcharge of $1,000 per year for 3 years
First-offense DWI with BAC of .10 but less than .15 percent
Fines between $300 to $500
Up to 30 days in jail
Driver’s license suspension until an IID is installed
IID for 7 to 12 months
2 consecutive 6-hour days in the IDRC
Car insurance surcharge of $1,000 per year for 3 years
First-offense DWI with BAC of .15 or higher
Fines between $300 to $500
Up to 30 days in jail
Driver’s license suspension for 4 to 6 months
IID is installed for the suspension period and 9 to 15 months after the license is restored
2 consecutive 6-hour days in the IDRC
Car insurance surcharge of $1,000 per year for 3 years
Second-Offense DWI
Fines between $500 to $1,000
48 hours to 90 days in jail
Driver’s license suspension for 1 to 2 years
IID for 2 to 4 years after license is restored
Completion of an IDRC evaluation and program requirements
30 days of community service
Car insurance surcharge of $1,000 per year for 3 years
Third-Offense DWI
A fine of $1,000
180 days in prison
Driver’s license suspension for 8 years
IID for 2 to 4 years after license is restored
Completion of an IDRC evaluation and program requirements
30 days of community service
Car insurance surcharge of $1,500 per year for 3 years
A DWI conviction can also result in numerous financial penalties in the way of court costs, Drunk Driving Enforcement Fund surcharges, Intoxicated Driving Program fees, Motor Vehicle Commission restoration fees, and other fines. More significant penalties can occur in cases where a minor passenger was in the car at the time of the DWI.
There are other potential penalties you can face following a DUI conviction, such as the damage to your personal and professional reputation. You may find it challenging to secure employment or side hustles in specific sectors. You may also experience difficulties finding housing, educational, and financial opportunities. The consequences of a DWI conviction can extend to numerous parts of your life. Contact our New Jersey drunk driving defense lawyer today.
Can I Drive If My License Was Suspended for a DWI?
How Much Will a New Jersey DUI Defense Lawyer Cost Me?
One of the first questions a person asks themselves after getting a DWI is, “Can I afford an attorney?” At the Law Office of Jason A. Volet, we think you should ask yourself whether you can afford not to hire an attorney. A DWI conviction in New Jersey means you are on the hook for fines, surcharges to the Drunk Driving Enforcement Fund, Violent Crimes Compensation Fund fees, Safe and Secure Community Program fees, and Intoxicated Driving Program fees. These additional costs, plus the increase in your insurance premiums, can mean the loss of thousands of dollars. It doesn’t end there, though. Your drunk driving charge can impact your job, your ability to continue driving, and your financial stability.
Don’t play with your future. Contact a New Jersey DWI defense attorney immediately. Your initial consultation is always free at the Law Office of Jason A. Volet. We can review your situation thoroughly and outline your legal options. Our fee structure is transparent, so you know what to expect. We want to work with you to give you the legal representation you deserve. A New Jersey DWI conviction can cost you a lot more than money. It can potentially cost you your freedom. Do not take chances with your defense. Work with an experienced drunk driving defense attorney to protect yourself and your future.
Frequently Asked Questions
I am often asked as a New Jersey DWI Attorney if you can still drive if your license was suspended for DWI. You should, under no circumstances, be driving an automobile if your license is suspended. I advise clients as a New Jersey DWI Attorney that there are no hardship licenses in New Jersey. Penalties are enhanced and can result in jail time and further suspension.
If you have had your license suspended for DWI, contact our experienced New Jersey DWI Attorney.
This informational video was provided by Jason A. Volet, an experienced New Jersey DWI Attorney.
I am often asked as a New Jersey DWI Attorney if you can still drive if your license was suspended for DWI. You should, under no circumstances, be driving an automobile if your license is suspended. I advise clients as a New Jersey DWI Attorney that there are no hardship licenses in New Jersey. Penalties are enhanced and can result in jail time and further suspension.
If you have had your license suspended for DWI, contact our experienced New Jersey DWI Attorney.
I am often asked as a New Jersey DWI Traffic Stop Attorney how a DWI can be proven. A DWI can be proven from the readings of an Alcohol breathalyzer Test. They can also be proven through Psycho-Physical Tests. I advise clients as a New Jersey DWI Traffic Stop Attorney that these tests include an HGN Test, a Heal-to-Toe Walk Test, and a One-Legged Foot Raise Test. The HGN Test requires you to follow an object with your eyes, while your head remains in a fixed position. The HGN Test cannot be used to prove your guilt, but the other two tests can be used to prove your guilt.
If you have been arrested or charged with DWI, contact our experienced New Jersey DWI Traffic Stop Attorney.
This informational video was provided by Jason A. Volet, an experienced New Jersey DWI Defense Attorney.
I am often asked as a Monmouth County DWI Attorney about what to do if you are pulled over and charged with DWI over .08. The police officer had to have stopped you for a legitimate motor vehicle violation. In terms of psycho-physical tests, the officer should be properly instructing you as to how to perform the tests. It will also be observed as to how well you performed these tests. I advise clients as a Monmouth County DWI Attorney that you will take an Alcohol Test at the police station to determine that your levels are accurate.
If you have been arrested for drunk driving over a .08 BAC, contact our experienced Monmouth County DWI Attorney.
This informational video was provided by Jason A. Volet, an experienced Monmouth County DWI Attorney.
I am often asked as a New Jersey DWI Lawyer what someone will face when arrested for DWI. There are three levels for a DWI in New Jersey. I advise clients as a New Jersey DWI Lawyer if arrested for your first, second, or third DWI, you could be facing a mandatory loss of your license, fines, and up to 180 days in the county jail.
If you have been arrested for DWI, contact our experienced New Jersey DWI Lawyer.
This informational video was provided by Jason A. Volet, an experienced New Jersey DWI Lawyer.
I am often asked as a New Jersey DWI Attorney what can happen if you are charged with your first DWI or DWI on drugs. In New Jersey, a DWI can be for an alcohol or drug-related offense. The Blood-Alcohol Limit in New Jersey is .08. If you blow between a .08 and .1, you are facing monetary fines, 12 hours in the Intoxicated Drivers Resource Center, a 3-month license loss, and up to 30 days in the county jail. I advise clients as a New Jersey DWI Attorney that if you blow above a .1, or are under the influence of drugs, you face a 7-12 month license loss, 12 hours in the Intoxicated Drivers Resource Center, monetary fines, and up to 30 days in the county jail.
If you have been arrested for DWI or Driving Under the Influence of Drugs, contact our experienced New Jersey DWI Attorney.
This informational video was provided by Jason A. Volet, an experienced New Jersey DWI Lawyer.
I am often asked as a Monmouth County DWI Traffic Stop Attorney what will happen if arrested for a second time for DWI. Upon a Second DWI Offense, you are looking at a mandatory two-year loss of license, thirty days of community service, and high monetary fines. You are also looking at between two and 90 days in the county jail. I advise clients as a Monmouth County DWI Traffic Stop Attorney that you can serve those two days at the Intoxicated Driver’s Resource Center.
If you have been arrested and charged with a second DWI in New Jersey, contact our experienced Monmouth County DWI Traffic Stop Attorney.
I am often asked by clients as a New Jersey DWI Traffic Stop Lawyer what happens if you are arrested for a third DWI. Upon a third DWI offense, you are facing a mandatory ten years loss of license, high fines, and 180 days in the county jail. You have the ability to serve 90 of those 180 days at an in-patient rehabilitation center that is authorized by the Intoxicated Driver’s Resource Center. I advise clients as a New Jersey DWI Traffic Stop Lawyer that there is no early release no parole no nights, and no weekends; You must serve the full 90 days.
If you have been arrested for your third DWI, contact our experienced New Jersey DWI Traffic Stop Lawyer.
This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Traffic Stop Lawyer.
I was recently asked as a New Jersey DWI Attorney about having an alcohol test completed at police headquarters when being suspected of DWI. Just because an officer suspects that you were under the influence, that is not enough for him to take you down to the station in order to give you the alcohol test. In order for the officer to bring you down to the police station, he must have probable cause or a reasonable belief that you are under the influence of either alcohol or a drug. I advise clients as a New Jersey DWI Attorney that if you do not properly complete the psycho-physical tests given by the officer, they will have probable cause to administer the alcohol test.
If you have been arrested for DWI and are being given an alcohol test at police headquarters, contact our experienced New Jersey DWI Attorney.
This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Attorney.
I am often asked as a New Jersey DWI Lawyer what goes on when refusing an alcohol test at a traffic stop. You have absolutely no right to refuse to take the alcohol test. You also don’t have the right to ask for an attorney prior to taking the test. It may be considered a refusal if you do not blow hard enough into the machine for it to take an accurate sample from you. I advise clients as a New Jersey DWI Lawyer that for a first offense, you are facing a seven to twelve month loss of license plus monetary fines. You must also install an interlock ignition device in your vehicle. For a second violation of a refusal statute, you are facing a two-year loss of license, heavier fines, and the interlock ignition device. For a third offense, you are facing ten years loss of license, the interlock device, and heavier fines.
If you have refused a breathalyzer or alcohol test, contact our experienced New Jersey DWI Lawyer.
This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Lawyer.
Can I Refuse a Breathalyzer Test?
Technically, you could refuse to take a breathalyzer test in New Jersey. However, be aware that there are consequences to your refusal.
What Is the NJ Implied Consent Law?
New Jersey has an implied consent law. Individuals driving motor vehicles on public roadways give their implicit consent to submit to a breath test from law enforcement if they have reasonable grounds to suspect intoxication.
What Are the Consequences of Refusing a Breathalyzer Test?
Drivers who refuse to submit to a breathalyzer test can be fined $300 to $500 for a first offense and lose their driver’s license until they install an Ignition Interlock Device. Refusing a breath test a second time can lead to fines of $500 to $1,000 and a 1-to-2-year driver’s license revocation. A third offense carries a $1,000 fine and license revocation for 8 years.
There may be effective defense strategies for handling breath test refusals. However, the approach best suited to your case depends on the relevant factors of your refusal and law enforcement interaction. Always consult a New Jersey DWI lawyer for help if you’ve refused to take a breathalyzer test.
How Can a New Jersey DUI Defense Lawyer Help Me?
Navigating DWI charges can be frightening. Never attempt to manage the situation alone. You likely can’t talk your way out of a DWI without legal help from a skilled drunk driving defense attorney. Law enforcement can and will use your statements against you to help prosecutors build their case. DWI is a significant offense in New Jersey. A driving while intoxicated conviction can cost you your physical and financial freedom.
A New Jersey drunk DWI attorney can protect your legal rights. At the Law Office of Jason A. Volet, our legal team will take the time to evaluate your situation and provide comprehensive and personalized representation. We understand the unique aspects of the New Jersey criminal justice system and use our knowledge and resources to help individuals charged with DWI.
Our lawyers will help you prepare for what’s to come from beginning to end. Fighting a DWI takes time and may require court appearances. We want you to know your rights, and we’ll help you through all aspects of a DWI case as we work on a resolution to your charges. We’ll also offer you much-needed support. Facing a DWI can be challenging without the assistance and support of others. You may find that friends and family are not supporting you as they used to or that your personal and professional relationships have deteriorated. No matter what, we are here for you.
What Do We Do to Craft Your Defense Strategy?
Every New Jersey DWI case is unique. At the Law Office of Jason A. Volet, our New Jersey drunk driving defense team never takes a cookie-cutter approach to crafting a defense strategy. We personalize the legal advice we provide and tailor our plan to the unique factors in your case. You can expect the following service when you hire us to handle your DWI charges.
We Analyze the Arrest Procedures
We start the legal process by carefully analyzing your arrest and law enforcement procedures. Rights violations by law enforcement can significantly impact your case and the value of the evidence against you.
We Research the Field and Chemical Testing
We also take the time to research sobriety procedures in the field and the quality of the chemical testing used in your case. Mishandling evidence and contamination can taint proof and lead to unreliable results.
We Challenge the Prosecution’s Case
After evaluating all aspects of your charges, we prepare challenges to the prosecution’s case through motions and other legal challenges. We use this strategy to ensure the prosecution can’t present specific information and pieces of evidence in court because of flaws in their collection or mishandling that could undermine your case.
We Form a Tailored Defense
We’ll also question the BAC evidence, present alternative explanations, and protect your constitutional rights. From start to finish, our drunk driving defense team will carefully craft a strategy to pursue a favorable outcome. During every step, we’ll communicate with you so you know where your case stands and what we are doing to protect you.
Let Our Experienced New Jersey DWI Defense Attorney Help You
From the moment we take your case, we will begin working to try to get your DWI charges dropped or reduced. We will also start investigating the details of your case to determine whether your rights were violated in any way. At our New Jersey DWI defense law firm, we believe in the presumption of innocence. Contact us today to schedule a free and confidential case consultation, and let us get to work for you. Our firm is committed to helping people facing criminal charges in Freehold, Marlboro, Middletown, Wall Township, Manalapan, Howell, Rumson, Red Bank, Ocean Township, Colts Neck, Holmdel, Asbury Park, and throughout Monmouth County.
Contact a Skilled New Jersey Drunk Driving Defense Attorney
Drunk driving charges and a subsequent DWI conviction can change your life. Drunk driving offenses are serious business in New Jersey. That means you need an aggressive and serious drunk driving defense attorney handling your case. At the Law Office of Jason A. Volet, we have a track record of helping people like you navigate the New Jersey criminal justice system. You have rights, and you deserve effective representation. Let us help you during this challenging time.
After a DWI arrest, immediately contact our New Jersey office for a free and confidential legal consultation. Please do not talk to law enforcement without our drunk driving defense team by your side to ensure your rights are protected. We are here for you 24/7 and want to provide you with comprehensive representation. Call now to get started with one of our New Jersey DWI lawyers.
A DWI conviction can also result in numerous financial penalties in the way of court costs, Drunk Driving Enforcement Fund surcharges, Intoxicated Driving Program fees, Motor Vehicle Commission restoration fees, and other fines. More significant penalties can occur in cases where a minor passenger was in the car at the time of the DWI.
