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First Offense DWI

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First Offense DWI Lawyer in Hopewell Township, NJ

New Jersey Drug Crime Lawyers Defend Clients Arrested for First Offense DWI In Mercer County, Middlesex County, and Monmouth County, NJ

A driving while intoxicated (DWI) arrest can leave you feeling shaken, embarrassed, and worried about losing your license and other potential penalties. In New Jersey, the penalties for a DWI arrest are designed to be severe in order to deter individuals from getting behind the wheel after drinking—and the penalties increase with each subsequent offense and based on the level of alcohol found in your breath alcohol reading. 

Although first offense DWIs in Mercer County, Middlesex County, and Monmouth County, New Jersey carry relatively low-level penalties compared to second and third DWI offenses, the penalties can still have a substantial impact on your life, in terms of monetary fines, embarrassment, and even jail.

At Aydelotte & Scardella Law LLC, we have more than 18 years of combined experience defending first offense DWI cases. Our criminal defense team will analyze the prosecution’s evidence to uncover any possible errors or omissions in the administration of the state’s Alcotest or any irregularities in the arrest itself. If there is no basis that could allow the DWI case to be dismissed, our DWI attorneys fight aggressively for reduced suspension time and penalties. 

Being charged with a DWI is a frightening experience and you may feel that no possible defenses to your DWI charge exist. But as experienced first offense DWI attorneys, we understand that there are many potential defense avenues to a first offense DWI charge. Let us help you achieve the best possible outcome in your first offense DWI charge. Contact our office to schedule a free consultation today.

Top-Rated Criminal Defense Attorneys Successfully Defend Clients Facing A First Offense DWI In Mercer County, Middlesex County, and Monmouth County, NJ

In New Jersey, the penalties for a first offense DWI are often determined based upon the reading obtained during a breathalyzer test. New Jersey uses the Alcotest breathalyzer. When an individual’s blood alcohol concentration (BAC) reading on the Alcotest exceeds 0.08%, he or she can be arrested for driving while intoxicated (DWI). 

In New Jersey, if your BAC is between 0.08% and 0.10% and it is your first DWI offense, the penalties are as follows:

  • Imprisonment for up to 30 days 
  • Monetary fine of $250-$400 
  • Driver’s license forfeiture until ignition interlock installed. Interlock ignition device is required for 3 months 
  • Automobile insurance surcharge of $1,000 a year for a period of three years
  • Mandatory participation in an Intoxicated Driver Resource Center for a minimum of six hours a day for two consecutive days 

For first DWI offenders who have a BAC of 0.10% to 0.15%, the penalties are as follows:

  • Imprisonment for up to 30 days 
  • Monetary fine of $300-$500 
  • Driver’s license forfeiture until ignition interlock installed. Interlock ignition device is required for 7 months to one year 
  • Payment of an automobile insurance surcharge of $1,000 a year for a period of three years 
  • Mandatory participation in an Intoxicated Driver Resource Center for a minimum of six hours a day for two consecutive days 

If a first time DWI offender has a BAC of 0.15% or greater, the individual is required to install an ignition interlock device in their primary vehicle during the license suspension period of 4 to 6 months, and for 9 to 15 months after their drivers’ license has been restored. In New Jersey, penalties for subsequent DWI offenses increase with each repeat offense.

Marijuana DUI

In New Jersey, it is also illegal to operate a motor vehicle while under the influence of an intoxicating narcotic, such as marijuana. A DUI for marijuana can be proven by observational evidence.  Because impairment from marijuana can be more difficult for law enforcement to assess, there are often more pathways for a strong legal defense.

Why Choose Aydelotte & Scardella Law LLC to Defend Your First Offense DWI Case 

At Aydelotte & Scardella Law LLC, our legal team has a reputation for successfully defending DWI clients across New Jersey. We have effectively obtained reduced charges, lower penalties, and outright dismissals in scores of different drunk driving cases. Our skilled DUI attorneys will evaluate the circumstances surrounding your DWI arrest in order to determine how to best proceed with your case. 

In many DWI cases, it may be possible to challenge the Alcotest reading or have it suppressed on procedural grounds.  Some possible defenses to a first offense DWI charge include:

  • Insufficient breath sample, meaning that the defendant was unable to breathe into the machine for the requisite period of time
  • Improper handling of evidence
  • Improper documentation

Contact our office to schedule a free confidential case evaluation today.

Frequently Asked Questions About First Offense DWI Charges In New Jersey

FAQ: Will I have to go to jail following a first offense DWI conviction?

Jail time after a first offense DWI is rare, but it is still possible. The judge has the authority to require up to 30 days in jail. Typically, however, jail time will only be imposed in certain situations including if drugs were involved (in which case, additional charges may also be brought against you), if you are unable to satisfy the DWI penalties, or if the DWI involved a drunk driving accident that resulted in criminal charges. Jail time is required for a third or subsequent DWI offense.

FAQ: What happens if I drive while my license is suspended following my DWI?

The penalties for driving with a license that has been suspended because of a DWI can be harsh. The monetary fine is $500, and ten to 90 days of jail time can be required. Further, your license can be suspended for up to two additional years and your car registration can be revoked. If someone is hurt while you are driving with a suspended license, 45 days of jail time becomes mandatory.

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