There are few things more devastating than being convicted of driving while under the influence of alcohol. Unfortunately, the penalties are far-reaching and can drastically impact your life for years to come. Read on and contact a competent DWI lawyer from the Law Offices of Aditya Surti, LLC today to learn more about DWI charges in NY & NJ and how our firm can help you fight them.
DWI Lawyer | Fighting for Clients in New Jersey & New York
If you’re facing DWI charges, the most important thing you can do is retain aggressive legal counsel who can fight to have your charges reduced, or, in the best cases, altogether dropped. Of course, no outcome is guaranteed, but with a Middlesex County, New Jersey criminal defense lawyer on your side, your chances of moving on to a productive future are far greater.
Penalties for DWI Charges in New Jersey
The penalties you’ll face for a DWI charge in New Jersey will depend heavily on the amount of alcohol in your system at the time of your arrest, as well as whether this was your first, second, third, or subsequent offense. For a first offense DWI with a BAC of .08%-.10%, you’ll face the following penalties:
- The mandatory installation of the ignition interlock device in your vehicle for three months
- 30 days in jail
- Up to 48 hours in the IDRC
- Suspension of your driver’s license until you install the ignition interlock device in your vehicle
- Various fines, fees, and surcharges
For a DWI with a BAC of .10%-.15%, you’ll face the following penalties:
- Use of the ignition interlock device for between seven months to one year
- 30 days in jail
- Up to 48 hours in the IDRC
- Suspension of your driver’s license until the ignition interlock device is installed
- Various fines, fees, and surcharges
For a DWI with a BAC of .15% or higher, you’ll face the following:
- A six-month driver’s license suspension
- The installation & use of the ignition interlock device for up to 15 months
- Jail time
- Fines, fees, and surcharges
As you move on to your second or third DWI, you can expect to face even harsher charges than the aforementioned, as courts in New Jersey will now treat you as a repeat offender and will seek to punish you to the harshest extent. Rather obviously, it’s never a good idea to go it alone when you can simply hire a DWI lawyer who will fight for the best outcome possible on your behalf.
DWIs in New York State
The state of New York can charge DWI/DUI by 2 theories – 1) the “common-law” theory and 2) the “per se” theory. As per the “common-law” theory, the evidence of impaired driving can be used to convict a driver. The evidence may be officer testimony regarding driving patterns, failed field sobriety tests, and chemical tests. BAC results are not taken into consideration to convict a driver under this theory. As per the “per se” law, A BAC level of 0.08% or higher is enough to convict a driver of DWI/DUI. Physical impairment is not taken into consideration.
According to New York state law, a licensed person operating a motor vehicle automatically gives his or her consent for an approved test (blood, breath, urine, or saliva) to examine intoxication. However, New York motorists have a right to consult with a DWI attorney before refusing or taking any chemical tests. Despite such a law, the police do not have to wait for the attorney to show up. Any kind of test refusal may result in up to one-year license revocation and fines. This can be considered as evidence in court if is proven that the driver in question was advised appropriately.
A chemical test has to be conducted by a person qualified by the Department of Health within 2 hours of arrest in order to consider the test valid and admissible in court as evidence. Similarly, a doctor, nurse, doctor’s assistant, or other medical personnel under the supervision of a doctor can only carry out a blood test. Moreover, a driver accused of DUI has a right to request a second independent, chemical test.
Contact a DWI Lawyer Today
If you or a person you know is facing a DWI conviction, contact a reputable DWI Attorney who can lessen the charges and cost of a DWI arrest. The Law Offices of Aditya Surti, LLC are prepared to fight for you and your right to continue driving.
