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DUI & DWI Defense Attorneys in NJ

Being arrested and charged with DWI or DUI in New Jersey can be a nerve-wracking experience. You may wonder what kind of penalties you may face for a conviction, and what kind of consequences a conviction can have on the rest of your life. You may also feel like nothing can be done to defend you against a charge of DWI.

However, an experienced DWI defense attorney can help you build a strong, effective legal defense that may lead to your charges and penalties being reduced, or outright dismissed.

The New Jersey DWI defense attorneys of Clark, Clark & Noonan, LLC are ready to tirelessly to help you preserve your driving privileges and challenge the state’s case against you. We strive to provide each of our clients with the dedicated, effective legal representation that they need and deserve.

We offer all prospective clients a free consultation so that they can better understand their legal rights and options and how our firm can help them secure the most favorable outcome in their case. We remain available to our clients 24/7 to address whatever developments may arise for them, recognizing the swift-moving nature of the criminal justice process.

All of our attorneys previously served as prosecutors, so we understand how the state prosecutes DWI/DUI cases. That means we know how to defend against them.

If you or a family member have been arrested for DWI/DUI in New Jersey, contact Clark, Clark & Noonan, LLC today to set up a no-obligation case evaluation.

DUI & DWI Laws in New Jersey

Under New Jersey law, you can be found guilty of driving under the influence/driving while intoxicated if you are found to be operating a motor vehicle with a blood alcohol content of 0.08 percent or greater. However, you can still be convicted even if your BAC is below 0.08, or if you are under the influence of other drugs or narcotics if the alcohol or drugs negatively impact your ability to drive.

New Jersey DWI Penalties

In December of 2019, the were substantial changes to the DWI laws in New Jersey which expanded the use of the ignition interlock devices and contracted the scope of cases that would result in a license suspension. Whether a significant loss of license will result from the charges will depend on the facts of each case and what defenses are employed to mitigate the allegations by the police making it critical to have experienced legal counsel to defend the case.

The law still imposes additional penalties for aggravating factors for a DWI offense, including transporting an individual under the age of 18 or driving through or within 1,000 feet of a school zone.

Drivers under the age of 21 are prohibited from having a blood alcohol content of 0.01 percent or more. If a driver under the age of 21 has a BAC of 0.01 to 0.08, they will face a license revocation of 30 to 90 days, face 15 to 30 days’ community service, and be required to participate in an intoxicated driver resource center program.

In addition to the penalties below, which increase for every successive DWI conviction you incur, you may be required to pay fees into various public funds. The trial court may also order the revocation of the registration for the vehicle you were operating when you were arrested for DWI.

Driving Under the Influence of Drugs

It is Important to note DWI allegations that stem from use of drugs and not alcohol did not see the same kinds of changes that DWI’s for alcohol did.  For example, anyone convicted of a first offense DWI for driving under the influence of drugs (including prescription drugs) must be sentenced to the following:

  • a seven-month to one-year suspension of driving privileges;
  • a $3,000 surcharge to be paid to the DMV over a three-year period;
  • a mandatory period requiring an ignition interlock device be installed on a car owned or operated by the defendant;
  • 12-48 hours of attendance of the Intoxicated Drivers Resource Center (IDRC);
  • fines and penalties to the Court in excess of $500.

Convictions for second offense Drug DWI’s, like all DWI’s, have enhanced penalties including additional fines, community service, and an escalating license suspension of one to two years.

Convictions for third offense Drug DWI’s require a mandatory 180 days in in the county jail, and at least an eight-year suspension of driving privileges following the installation of an ignition interlock device.

New Jersey First Offense

If you are facing your first offense for driving while intoxicated by alcohol the penalties you could face will depend on some specific factors:

  • If your BAC is higher than 0.08 but less than 0.10 – A fine of $250 to $400, imprisonment of up to 30 days, forfeiture of driver’s license until an ignition interlock is installed in your vehicle (which much remained installed for three months), two days attendance at an intoxicated driver resource center, and a $3,000 surcharge to be paid to the DMV over a three-year period
  • If your BAC is higher than 0.10 but less than 0.15 – A fine of $300 to $500, imprisonment for up to 30 days, forfeiture of driver’s license until an ignition interlock is installed in your vehicle (which much remained installed for seven months to one year), two days attendance at an intoxicated driver resource center, a $3,000 surcharge to be paid to the DMV over a three-year period
  • If your BAC is higher than 0.15 – In addition to the above penalties, license suspension of four to six months, along with operating an ignition interlock for nine to 15 months once driving privileges are reinstated.
  • If charged with a Refusal– A fine of $300 to $500, imprisonment for up to 30 days, forfeiture of driver’s license until an ignition interlock is installed in your vehicle (which much remained installed for seven months to one year), two days attendance at an intoxicated driver resource center, and a $3,000 surcharge to be paid to the DMV over a three-year period.

New Jersey Second Offense

If you are convicted of a second DWI offense including a refusal within 10 years of a prior DWI offense, you can face penalties of:

  • A fine of $500 to $1,000
  • Imprisonment of 48 hours to 90 days
  • License suspension of 12 to 24 months
  • Completion of the program requirements of an intoxicated driver resource center
  • 30 days of community service
  • A $3,000 surcharge to be paid to the DMV over a three-year period
  • Installation of an ignition interlock during period of license suspension and two to four years thereafter

If your most recent prior DWI offense was more than 10 years before your present offense, your present offense will be treated as a first offense.

New Jersey Third Offense

If you are convicted of a third or subsequent DWI offense including a refusal within 10 years of a prior DWI offense, you may face penalties of:

  • A fine of $1,000
  • Imprisonment of 180 days, although up to 90 days may be served in an inpatient alcohol rehabilitation program
  • Eight-year license suspension following
  • 30 days’ community service
  • Completion of the program requirement of an intoxicated driver resource center
  • An automobile insurance surcharge of $1,500 for three years
  • Installation of an ignition interlock during period of license suspension and two to four years thereafter

Common Types of DWI Cases We Handle

At Clark, Clark & Noonan, LLC, our DWI/DUI defense attorneys have experience helping clients defend themselves against all different kinds of DWI cases, including:

  • DWIs with a BAC under 0.08
  • DWIs with a BAC of 0.08 to 0.10
  • DWIs with a BAC of 0.10 or more
  • Driving with an open container
  • Driving with a license previously suspended for DWI
  • DWIs for drivers under the age of 21
  • DWI in or near school zones
  • Refusing a breathalyzer or blood test
  • Driving while in possession of drugs or narcotics

In addition, our attorneys have successfully helped clients resolve charges with issues such as:

Breathalyzer Evidence

In some cases, we can have the results of a breathalyzer test excluded from evidence by challenging the reliability of the results on grounds, such as:

  • The officer who conducted the test was not trained or experienced in using the breathalyzer equipment.
  • The officer failed to obtain an adequate breath sample.
  • The breathalyzer equipment was not adequately calibrated.

Unlawful Stop

In some cases, we may be able to challenge the legality of the traffic stop, which may result in the exclusion of all evidence from the stop, such as field sobriety test results, breathalyzer test results, or blood alcohol test results.

We may be able to prove that officers lacked reasonable suspicion or probable cause to stop your vehicle. If you were stopped at a DWI checkpoint, we may be able to challenge the checkpoint procedure, particularly if officers were not using an objective standard to stop vehicles.

Illegal Search and Seizures

If you are facing additional charges stemming from your DWI arrest, such as possession of an open container or possession of narcotics, we may be able to challenge the police’s search of your vehicle as unlawful.

Drunk-Driver Accidents and Manslaughter/Death by Auto Charges

If you have been charged with causing property damage, personal injury, or death in a motor vehicle accident while you were intoxicated by alcohol or drugs, you could be facing serious consequences, including massive fines and prison sentences. Our firm can help you defend against charges of aggravated assault by auto or vehicular manslaughter when you are suspected to have been under the influence of alcohol or drugs in your accident.

Differences Between DWI & DUI

New Jersey law defines “driving while intoxicated,” or DWI, as driving under the influence of drugs or narcotics or driving with a blood alcohol content of 0.08 percent or greater. Many people use the terms DWI and “driving under the influence,” or DUI, interchangeably. Others sometimes use the term DWI to refer to driving while intoxicated by alcohol and use the term DUI to refer to driving under the influence of drugs or narcotics.

Let Our Experienced New Jersey DWI Defense Attorneys Help You

If you have been charged with DWI/DUI or another alcohol-related or drug-related driving offense, let the New Jersey DWI defense attorneys of Clark, Clark & Noonan, LLC advocate on your behalf to protect your rights and interests.

A DWI conviction can have serious consequences for your life, including fines, potential jail time, loss of your driving privileges, and more costly auto insurance.

Don’t leave your freedom and future to the whims of the criminal justice system. Contact us today to schedule a no-cost consultation to learn more about how our firm can help you pursue the best possible outcome from your DWI charges.

CONTACT US TODAY

New Jersey Criminal Defense Lawyers

Clark, Clark & Noonan, LLC.
732-303-7857