New Jersey First-Time DWI Defense Attorney
Fighting to Stop Impaired Driving Charges From Destroying Our Clients’ Lives
Adults are allowed to have a drink in their own homes without worrying about authorities knocking down their doors. However, they are not allowed to get behind the wheel once their blood alcohol concentration (BAC) reaches a certain legal limit. If they do so and get stopped by the police, they could face consequences ranging from license suspension to jail time. Our state is more strict than most regarding individuals facing their first offense. That’s why you should speak with a New Jersey first-time DWI lawyer before doing anything else.
At The Bianchi Law Group, we understand that drunk driving is a serious problem in our state. However, we also recognize that many people face prosecution — and even conviction — when they’ve done nothing wrong. There have been several recent incidents where faulty breath test results called tens of thousands of drunk driving convictions into question. In one of those situations, police hid the fact that their machines were giving inaccurate results. Additionally, we believe that a one-time mistake shouldn’t define your life.
That’s why our first offense DWI lawyers in New Jersey will fight to secure a favorable outcome on your behalf. Contact us today for a free initial consultation.
What Are the Penalties for an Impaired Driving Conviction in New Jersey?
New Jersey DWI penalties are severe, even for a person’s first offense. Potential penalties can get worse based on a person’s blood alcohol concentration at the time of arrest.
For a first offense, potential penalties include:
BAC 0.08% to 0.09% (Lower Tier)
DWI cases in which the person’s blood alcohol concentration is 0.08 percent or higher but less than 0.10 percent or the person operates a motor vehicle while under the influence of intoxicating liquor are the lowest-tier charges. A conviction can lead to hundreds of dollars in fines, a three-month driver’s license suspension, installation of an Ignition Interlock Device (IID) for three months following license restoration, jail time of up to 30 days, and alcohol education and counseling classes.
BAC 0.10% or Higher (Higher Tier)
If a person’s blood alcohol concentration is 0.10% or higher but less than 0.15 %, the fines they face are even more severe. Additionally, they could lose their driving privileges for up to one year. An IID may also be required for a year after the license suspension ends, and the defendant can be jailed for up to 30 days. Alcohol education and counseling classes are required.
BAC 0.15% or Higher
When a person faces a DWI charge with a BAC at or above 0.15%, they’ll face all the same potential consequences as a first-time offender whose blood alcohol content was between 0.10-0.14%. However, they’ll also face more strict IID compliance requirements. Installation may be mandatory even before license restoration. Even worse, all convictions are absolute in their license suspension. There are no hardship licenses offered for most individuals.
What Is the Intoxicated Driver Resource Center?
When a municipal court judge sentences someone for the criminal offense of impaired driving, you’ll always hear mention of the Intoxicated Driver Resource Center (IDRC). This is the program in our state that handles alcohol counseling and treatment for those who face a DWI conviction. You’ll have to pay an intoxicated driving program fee to take these classes — even though you’re being forced to attend them. This is also true for your ignition interlock device, which has monitoring fees for which you’re on the hook.
Your New Jersey first-time DWI lawyer can explain how these classes will go. Put simply, you’ll be assigned a certain number of hours and must attend mandatory classes. A first offense requires 48 hours of the class, and you must actively participate to receive credit. You’ll need to pay the fees, complete the educational component, undergo an evaluation, and follow any treatment recommendations given. This is just one of the many reasons people regret not hiring a New Jersey DUI defense attorney when they’re charged with impaired driving.
The simple reality is that a drunk driving conviction can be incredibly expensive. The fines might not seem like much for some people, but this is no typical traffic offense. If you’re convicted, the state will literally bleed you dry with fees, fines, class requirements, monitoring costs, and more. Don’t let a single mistake disrupt your life to this extent. Contact our New Jersey first-offense DWI lawyers today for a free consultation.
Why Should You Hire Former DWI Prosecutors for Your Case?
When you’re looking for a DUI lawyer, it’s wise to consider an attorney who once served as a prosecutor. This is precisely what we offer at The Bianchi Law Group. Our legal team has been on both sides of the aisle. DWI is one of the most common criminal offense charges in New Jersey, so our prosecutors have dealt with more than their fair share of these cases. They know the tactics used by the government to secure convictions. More importantly, they understand the legal defenses most likely to result in charges being dropped or thrown out.
Our DWI attorneys spent years sitting at the prosecution table. However, our experience as criminal defense lawyers has also provided us with unique insight. You would be hard-pressed to find another legal professional who understands every aspect of DWI law, like our dedicated team of legal professionals. You deserve a knowledgeable, dedicated, aggressive, and experienced attorney — so contact the New Jersey first-time DWI lawyers at The Bianchi Law Group today. We’re here to fight for you.
What Are the Best Legal Strategies to Avoid a DWI Conviction?
Once a police officer places you under arrest for your first impaired driving offense, the road you’ll face becomes increasingly difficult. Again, this is no typical motor vehicle violation. DWI charges stemming from an over-the-limit blood alcohol concentration — which is even lower than 0.08% for commercial drivers and those below the legal drinking age — carry penalties that can seriously interfere with a person’s life. This is true even if you’re not a repeat offender. Even the common penalty of losing your license could halt your life in its tracks for up to a year.
Fortunately, a conviction isn’t a foregone conclusion. Many legal defense strategies have proven effective in New Jersey DWI cases:
- Constitutional violations
- Illegal stops (e.g., lack of reasonable suspicion)
- Faulty breath tests
- Evidentiary handling concerns with blood tests
- Officer untrained in conducting field sobriety tests
- Rising BAC defense
- Medical conditions affecting BAC results
- Challenging the officer’s observations
- Violation of Miranda Rights
- Improper chain of custody for evidence
- Inaccurate blood test procedures
- Failure to perform an observation period
- Confusing field instructions
- Lack of evidence proving impairment
These strategies are only the tip of the iceberg. There are various other defenses available as well. Whether you were pulled over for alleged reckless driving or picked up at a DWI checkpoint (which the Supreme Court somehow ruled constitutional), the most important thing you can do is exercise your right to remain silent and contact an attorney. A skilled legal professional can review your case and help you decide which defense strategy will be most effective for your case.
Remember, these are not one-size-fits-all solutions — so sit down with our first-time DWI lawyers in New Jersey to review your case and figure out how to best move forward.
Contact a New Jersey First-Time DWI Lawyer Today
From a driver’s license suspension to costly Intoxicated Driver Resource Center classes — and even potential jail time — a DWI conviction in New Jersey carries hefty penalties. In most states, first-time offenders get a bit of leniency — sometimes even having their charges reduced or sentence minimized in plea negotiations. Legislators in The Garden State decided such leniency was not in our community’s best interest, so you must fight tooth and nail even on your first offense.
At The Bianchi Law Group, we’ll be by your side throughout this trying time. Our law firm is committed to securing the most favorable outcome for each of our clients. Whether you’re accused of drunk driving or being under the influence of a habit-producing drug — which can lead to a conviction with minimal physical evidence — the difficulties you’ll face for a guilty verdict can lead to permanent disruption in your life. Our New Jersey first-time DWI lawyers are here to help you avoid such outcomes.
Contact us at (862) 292-4442 to schedule your free initial consultation.