Barnegat NJ DWI Lawyer

Charged With DUI In Barnegat Township New Jersey As defense attorneys that have been practicing in Ocean County for several decades, we appreciate just how many DWI charges are issued in Barnegat Township. In excess of fifty (50) motorist are charged with DWI, DUI or Breath Test Refusal annually by Member of the Barnegat Police Department and state police patrolling the section of the Garden State Parkway falling within the 40.78 square miles of Barnegat. Whether you are one of the 20,936 residents of township (i.e. 2010 census) or someone who was passing through on U.S. Route 9, Route 72 or another roadway, your need to prepare a thorough defense to your DWI charge. You are encouraged to contact Marshall Bonus Proetta & Oliver to obtain the qualified representation you will need when you appear in Barnegat Municipal Court. If you are interested in fighting your offense so that you have every opportunity to avoid a license suspension and other penalties, you should definitely call 732-286-6500 to speak to a lawyer immediately in a free initial consultation.

DWI Offense in Barnegat New Jersey

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

Barnegat NJ DWI Attorney With popular destinations like the Lighthouse Tavern, Lefty’s Tavern, and Doyle’s Pour House, not to mention to being directly in route to and from Atlantic City, there are many instances of individuals drinking and driving in Barnegat NJ. If you are one of those who made this mistake and were arrested, you need to speak to an attorney as soon as possible to learn your rights and options. Our team of lawyers are waiting to speak to you and are more than happy to extend the benefit of their time. To reach our firm, contact us anytime 24/7 for a free initial consultation.


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