Barnegat NJ DWI Lawyer
Whether your Barnegat Township offense stems from alcohol or a drug like heroin, cocaine, marijuana or another variety of CDS, the law that applies is N.J.S.A. 39:4-50. The statute makes it illegal to operate a motor vehicle with a blood alcohol concentration (“BAC”) of .08% or more, or while you are impaired by drugs. A breath test using the Draeger “Alcotest” 7110 is the usual form of scientific evidence used to establish a BAC above the legal limit although a blood test or even SFST can be used to attempt to prove alcohol intoxication. When the basis for a DUI charge is a controlled dangerous substance, a urine test accompanied by a drug recognition evaluation (“DRE”) is necessary to establish impairment under 39:4-50. The only exception is where the offense involves marijuana in which case a DRE is not required pursuant to New Jersey Law. Assuming the state can establish intoxication/impairment, the penalties you face in Barnegat include:
- First Offense. There is a 3-12 month mandatory driver’s license suspension (i.e. 3 months for .08-.099% BAC and 7-12 months where BAC is .10% or higher), approximately $850 in fines and assessments, and a $1,000 annual DMV surcharge for 3 years. For more information on a first offense click here.
- Second Offense. Jail of 2-90 days must be imposed along with a 2 years revocation of driving privileges, installation of an ignition interlock and fines, assessments and surcharges that are largely the same as a first offense. For a detailed discussion of a second offense click here.
- Third Offense. An individual convicted of a third of subsequent offense faces a 10 year suspension of his/her license, 180 days in jail, installation of an ignition interlock, and an increased annual surcharge from a second offense to $1,500 per year for 3 years. Click here for additional information a third or subsequent offense.
While the penalties just described are mandatory in the event you are found guilty for DWI in Barnegat, our Ocean County defense lawyers are successful in many more cases than you probably realize in avoiding the a conviction.
Type of Offense | Suspension | Fines & Other Penalties | Jail Term | Other Penalties |
First Offense (BAC .08-.099) | 3 Months | $250-$400 fine; $1,000 surcharge; $100 DWI Fund; $100 Alcohol Educ.; $230 IDRC Fee; $75 SNFA | Up to 30 Days | 12 Hours IDRC; Mandatory Ignition Interlock if BAC .15 or Higher |
First Offense (BAC .10 or More or Drug DWI) | 7-12 Months | Same except fine $300-$500 | Up to 30 Days | Same as above |
Second Offense | 2 Years | $500-$1,000 fine; $1,000 surcharge; $100 DWI Fund; $100 Alcohol Educ.; $280 IDRC Fee; $75 SNFA | 2-90 Days | 48 Hours IDRC; 30 Days Community Serv.; Interlock during suspension plus 1-3 Years after restored |
Third Offense | 10 Years | $1,000 fine; $1,500 surcharge; $100 DWI Fund; $100 Alcohol Educ.; $280 IDRC Fee; $75 SNFA | 180 Days | 48 Hours IDRC; Up to 90 days Community Serv.; Interlock during suspension plus 1-3 Years after restored |
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