Freehold DWI Lawyer

A DWI charge can destroy your reputation, damage your career, and cause long-term consequences like loss of your driving license, fines, and even jail time. If you’re facing DWI charges in New Jersey, don’t leave your future and your reputation at the mercy of prosecutors. Contact an experienced criminal defense lawyer to defend you from these charges.

Freehold DWI defense lawyer Jason A. Volet has more than 15 years of experience with felonies and misdemeanors of all kinds. He has handled more than 2,000 cases as a criminal defense attorney and served as an assistant prosecutor for Monmouth County, New Jersey, for several years.

With an exclusive focus on criminal law, he stands ready to defend your reputation and fight for your freedom. Contact the Law Office of Jason A. Volet today to learn more.

What Are the DWI/DUI Laws in Freehold, New Jersey?

People sometimes use the term DUI, or “driving under the influence,” interchangeably with DWI, or “driving while intoxicated.” In New Jersey, driving under the influence of either alcohol or drugs is referred to as DWI, or “driving while intoxicated.”

Under New Jersey law, prosecutors can charge you with driving while intoxicated if you operate a motor vehicle while under the influence of alcohol or drugs to the extent that your mental and physical faculties are substantially deteriorated. A blood alcohol concentration of 0.08 percent is enough for a DWI charge, with more severe penalties for a BAC of 0.10 percent or above.

Is DWI Considered a Felony in NJ?

New Jersey uses the term “indictable offense” for felonies and “disorderly person crimes” for misdemeanors. A simple DWI charge is not an indictable offense in New Jersey because New Jersey classifies DWI charges as traffic offenses, not criminal offenses. However, prosecutors can charge you with assault by auto if you injure someone while driving under the influence or with death by vehicular homicide if you cause a fatal injury while driving under the influence. These are criminal charges in New Jersey; courts can impose prison time upon conviction.

What Are the Penalties for DWI in Freehold?

The penalties for a first DWI offense with a blood alcohol concentration of more than 0.08 but less than 0.10 percent in Freehold, NJ, include:

• A fine of $250 to $400
• Jail time of up to 30 days
• Driver’s license suspension of three months
• 12- to 48-hour intoxicated driver course
• Installation of an interlock device to prevent the driver from starting the car after drinking alcohol

The penalties for a first DWI offense with a blood alcohol concentration of more than 0.10 percent include:

• A fine of $300 to $500
• Jail time of up to 30 days
• Driver’s license suspension of seven months to one year
• Intoxicated driver course
• Installation of an interlock device

On a second offense within 10 years, fines increase to $500 to $1,000, and jail time increases to up to 90 days with 30 days of community service. License suspension increases to two years. On a third offense within 10 years, fines go up to $1,000, and jail time goes up to at least 180 days, with 10 years of license suspension.

How Does Law Enforcement Test for Intoxication?

New Jersey law enforcement uses three tests to check for intoxication, known as the Standardized Field Sobriety Tests:

• Horizontal gaze nystagmus
• Walk-and-turn
• One-leg-stand

The horizontal gaze nystagmus test checks for involuntary jerking of the eyes caused by intoxication. The officer will ask you to look at the tip of a pen or a pen light as they move it to the side. If your eyes jerk when they follow the pen, this can be evidence of intoxication.

The walk-and-turn test checks whether you can successfully take nine heel-to-toe steps on a line while counting them out loud, then turn and take nine more steps while counting them out loud.

The one-leg-stand test checks whether you can hold one leg up in the air for 30 seconds while counting. Both the walk-and-turn test and the one-leg-stand test are designed to divide your attention, as an intoxicated person is expected to find this challenging.

After the field sobriety tests, officers may ask you to submit to a portable breath test to check your blood alcohol concentration. If you’re arrested and taken to the station, they may ask you to take another breath test or to go to the hospital for a blood test. Under New Jersey law, drivers are assumed to have given “implied consent” to breath or blood testing, and refusal to submit to a test can result in fines or license suspension.

Can I Get a DWI Dismissed in Freehold?

You may be able to get a DWI charge dismissed in Freehold, NJ. Police officers make mistakes when stopping motorists or administering sobriety tests, and these mistakes can sometimes create the grounds for a dismissal. Consult a DWI lawyer in Freehold to find out if there is a chance of dismissal in your case.

Can You Plea Bargain in a NJ DUI Case?

Because New Jersey doesn’t treat DWI cases as criminal, you cannot plea bargain in a New Jersey DWI case. However, a skilled criminal defense attorney can seek to persuade the judge to impose the lowest penalties possible.

How Can a Freehold DWI Lawyer Get Me Out of a DWI?

Although you cannot plea bargain a DWI charge in New Jersey, your Freehold DWI attorney will seek to get you out of your DWI charges by looking for weaknesses in the case against you. These include:

• Lack of probable cause for the traffic stop
• Errors in administering the field sobriety tests or breath tests
• Errors in handling evidence

These types of errors can help to beat the charges against you.

Contact a Freehold DWI Defense Lawyer

If you’re facing DUI or DWI charges, contact Freehold DWI lawyer Jason A. Volet today. With over 15 years of experience with felonies and misdemeanors, as well as time working as a prosecutor, he knows both sides of the law. His insight into how prosecutors think means he can put together an effective defense in DWI cases like yours.

Contact the Law Office of Jason A. Volet today for a vigorous defense against the DWI charges that stand between you and your freedom.