What to Know About a First-Time DWI Offense in NJ

For many people, a drunk driving charge is their first and only brush with the law. While the State of New Jersey takes drunk driving seriously and the penalties for a conviction can be severe, unless there are extenuating circumstances, it is unlikely you will go to jail for a first-offense DWI. However, working with an experienced DWI defense attorney helps ensure you obtain optimal results in your situation.

New Jersey criminal defense lawyer John C. Iannelli is a highly sought-after defense attorney who serves people facing DWI charges in and around Blackwood and throughout South Jersey. He has been in practice for over 30 years and brings an aggressive style to every case he takes on. To put his expertise to work for you, contact Iannelli Law today.

Understanding New Jersey’s DWI Statute

The State of New Jersey treats a first-time DWI as a traffic violation, not a criminal offense, as it is in many other states. The penalties for a DWI conviction increase depending on the defendant’s Blood Alcohol Concentration (BAC) and if this is a second or subsequent offense.

There are two ways a person can be convicted of DWI in New Jersey.

• The first is known as an “observation” case in which a police officer testifies that, in their opinion, the driver was under the influence of intoxicating liquor or drugs and that their intoxication affected their ability to safely operate a motor vehicle.
• The second is a “Per Se” DWI in which the defendant is convicted on the basis that their BAC level was .08% or greater.

What To Expect When You Are Stopped On Suspicion of a First-Time DWI

If a police officer pulls you over and suspects you are under the influence of drugs or alcohol, they may ask you to perform various Field Sobriety Tests, such as the walk-and-turn test, touching your finger to your nose, following the officer’s finger with your eyes (the Horizontal Gaze Nystagmus test), or other tests designed to evaluate your physical coordination and reaction time.

The police officer may also ask that you submit to a breath test. New Jersey uses the Alcotest machine to measure the concentration of alcohol in a person’s blood.

If you register a BAC of greater than .08% or the officer has probable cause to believe you were driving under the influence of drugs or alcohol, you can be arrested and charged with DWI.

Visiting the Police Station for a First-Time DWI

After you have been arrested and charged with DWI, you will be taken to the police station, where you will likely undergo a second sobriety test. The police officer could also order a blood or urine test if the results of the first test are inconclusive or you refuse to complete one.

While you have the right to refuse the chemical test, our office does not recommend doing so because refusal will result in an automatic driver’s license suspension.

Because a first-time DWI is a traffic offense and not a criminal charge, you should not be required to stay the night in jail or post bail unless you were involved in an accident that caused serious bodily injury or death to another person.

Timeline for a First-Offense DWI

Before releasing you from police custody, the arresting officer will issue you a traffic ticket and you will be assigned to appear before a local judge. Your court date will appear on the bottom of your ticket.

On your court date, the judge will read the charges against you, explain your rights, and ask how you plead.

We recommend contacting Iannelli Law as soon as possible after being arrested and before your first court appearance.

Penalties for a First-Offense DWI in New Jersey

The penalties for a first-time DWI depend on the driver’s BAC level.

For a First-Offense DWI with a BAC of .08% to .10%, penalties include:

• A fine of $250 to $400
• Mandatory attendance at an Intoxicated Driver Resource Center (IDRC) for between 12 and 48 hours
• Up to 30 days in jail
• Mandatory installation of an Ignition Interlock Device (IID) for three months, at the driver’s expense
• A driver’s license suspension until the IID is installed
• Insurance surcharges of $1,000 annually for three years
• Additional fees and surcharges of more than $525

For a First-Offense DWI with a BAC of greater than .10% but less than .15%, penalties include:

• A fine of $300 to $500
• Up to 30 days in jail
• Attendance at an IDRC for 12 to 48 hours
• Mandatory installation of an IID for 7 to 12 months
• A driver’s license suspension until an IID is installed
• Insurance surcharges of $1,000 annually for three years
• Additional fees and surcharges of more than $525

For a First-Offense DWI with a BAC greater than .15%, a driver faces the following penalties:

• Fines of $300 to $500
• Up to 30 days in jail
• A driver’s license suspension for 4 to 6 months
• Mandatory attendance at an IDRC for 12 to 48 hours
• Mandatory installation of an IID for 9 to 15 months
• Insurance surcharges of $1,000 annually for three years
• Additional fees and surcharges of more than $525

Will I Go to Jail for a First-Time DWI?

In most cases of a first-time DWI where the driver registers a BAC of less than .10% and was not involved in a car accident that caused injuries, jail time is unlikely.

Nevertheless, representing yourself for a first-time DWI charge is rarely a good idea. Even if you avoid jail time, you still face a driver’s license suspension and thousands of dollars in fines and fees. Additionally, if you are later charged with another DWI, a second DWI offense within 10 years will carry much harsher penalties.

There is no plea bargaining in a first-time DWI charge and the consequences will be imposed as the judge sees fit.

When you work with Iannelli Law, DWI defense attorney John C. Iannelli will aggressively challenge the evidence and work to achieve an optimal result in your first-time DWI case.

Defenses to a First-Time DWI Charge

The best way to obtain optimal results in your first-time DWI case is to hire an aggressive DWI defense lawyer. Based on over 30 years of experience, defense attorney John Iannelli will carefully analyze the circumstances of your arrest and mount an aggressive defense. Common defenses to a DWI charge include:

• Lack of Probable Cause. Before stopping a motorist, the police must have probable cause to believe the driver committed a crime. If Attorney Iannelli can successfully challenge the basis for the initial traffic stop, the entire case will be dismissed and you will not face any penalties.
• Not Operating a Vehicle. In some situations, a motorist is arrested and charged with DWI when they were not actually driving. In these situations, Attorney Iannelli can seek to have the charges dismissed on the basis that you were not operating a motor vehicle.
• No Basis for Arrest. Even if the police had probable cause to initiate a traffic stop, they must have probable cause to believe you were under the influence of alcohol or drugs to charge you with DWI. In some situations, police officers charge people with DWI based on faulty sobriety tests. If the police officer lacked probable cause to believe you were under the influence, your case could be dismissed for lack of probable cause.
• No Evidence of Intoxication. The accuracy of BAC test results is highly technical. For the test results to be admissible, the police officer must follow strict guidelines. Attorney Iannelli can analyze the testing conditions and seek to have the results declared inadmissible so the prosecutor cannot use the test results to try to convict you of DWI.

How Iannelli Law Can Help

John C. Iannelli has been in practice since 1992 and has dedicated his career to defending people accused of crimes in South Jersey. He takes an aggressive approach to every case he takes on and will carefully investigate the circumstances of your arrest, challenge the state’s evidence, and work to obtain the best result he can in your case. Contact our law office today to schedule an appointment to discuss your situation and how we can help.