Brick NJ DWI Lawyers

Charged With DWI In Brick New Jersey?

The Former Prosecutor of the Township, Matthew Dorry, Is Ready to Defend You

DWI charges in Brick Township, New Jersey, are anything but trivial. The license suspension, potential jail and financial penalties an individual faces if convicted can be overwhelming. And there is no plea bargaining in Brick or any other Ocean County municipal court when it comes to driving while intoxicated. The only way for you to avoid the negative consequences of a conviction is to successfully defend the charge. This is the case whether you are among the approximately 76,000 estimated residents of the town or are someone who was passing through on the Garden State Parkway, Route 70, Route 88, or another roadway. An effective defense is absolutely necessary in order to escape the penalties for DUI and a skilled attorney is imperative in this regard.

The DWI team Law Offices of Jonathan F. Marshall is one of the more formidable in the entire state. We employ several lawyers who are dual certified on the Alcotest by Draeger Laboratories and in Standardized Field Sobriety Testing by the National Highway Traffic Safety Administration. We also happen to employ the former prosecutor of Brick, Matthew Dorry. If you are among the 500 plus who have been arrested in Bricktown over the last two years or so for DWI, driving under the influence of drugs (e.g. marijuana, heroin, cocaine, etc.), or breath test refusal, our Brick NJ DWI Lawyers can help you. For a free initial consultation with an experienced DUI attorney, contact our law firm at (732) 286-6500 for a free consultation.

DWI Charge in Brick New Jersey As you may have noticed from your summons or ticket, the statute that applies to your DWI/DUI case is N.J.S.A. 39:4-50. This law makes it illegal to drive a motor vehicle while you are intoxicated or when you are under the influence of marijuana, heroin, cocaine or another form of narcotic or habit forming drug. In terms of alcohol intoxication, operation with a Blood Alcohol Concentration (BAC) in excess of 0.08% is a per se violation. The customary proof used to establish a prohibited BAC is a breath test (i.e. Alcotest) reading although New Jersey law also allows a blood test results to be used. In drug DUI cases, urine and blood tests are typically used to identify the form of CDS involved. Other than in marijuana driving under the influence cases, the Brick Township Police Department must also conduct a Drug Recognition Examination that reveals positive results in order to prove impairment from drugs.

If the prosecutor in Brick is able to convict you of either a drug or alcohol based offense, significant penalties apply. There are thousands of dollars in financial consequences including fines, assessments, surcharges and increased insurance rates whether this is your first, second or third offense. An individual is also subject to a county jail sentence of 2-90 days for a second offense and 180 days for a third offense. The license suspension ranges from 3-12 month for a first offense and is 2 years and 10 years for a second and third violation, respectively. Successfully avoiding these penalties demands representation by someone who is skilled in DUI defense like the lawyers at our firm.

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


Ignition Interlock Device as a Result of a DWI

If convicted of a DWI, there is a strong likelihood that the prosecution request the imposition of an Ignition Interlock Device. Ignition interlock devices, more formally known as breath alcohol ignition interlock devices or BAIIDs, permit a motor vehicle to be started only when the driver is sober. The use of these devices was initiated in California in 1986, so their appearance is fairly recent.

By definition, a BAIID is designed to allow a vehicle ignition switch to start the engine when the Breath Alcohol Concentration Test result is below the alcohol set point, while locking the ignition when the breath test result is at or above the alcohol setpoint, and which at minimum meet the specifications for performance and testing of the NHTSA Model Specifications.

If an Ignition Interlock Device is required as part of the sentence, then it is required that the BAIID, which must be certified by the Chief Administrator of the New Jersey Motor Vehicle Commission, be installed in every motor vehicle the offender owns, leases, or regularly operates. The alcohol set point, also known as the point at which the device locks the ignition, of the BAIID will be at 0.05 percent breath alcohol concentration. Additionally, any tampering with the device will result in criminal and civil liability.

Installation of an Ignition Interlock Device has additional hidden fees in the cost to maintain the device. The offender’s fee assessment for the device will depend on their family income. If that person’s family income does not exceed 100% of the federal poverty level, then the monthly leasing fee shall be 50% of the fee established by regulation for persons who do not qualify for the reduced fee. If that person’s family income does not exceed 149% of the federal poverty level, the monthly leasing fee shall be 75% of the fee established by regulation for persons who do not qualify for the reduced fee. Offenders will also be required to pay an installation fee, a monitoring fee, calibration fee and removal fee, however, those who qualify for a reduced fee will not be required to pay these costs.

Brick Township NJ DWI Attorney The rules that apply in DWI cases are much more complicated than those that apply in most instances in Brick Municipal Court. These intricacies cut both ways in terms of DUI prosecution. The police must adhere to clear dictates set forth under the law and it is not just those accused who can be placed under fire in a Brick N.J.S.A. 39:4-50 case. This is where a Brick Township NJ DWI Attorney at our firm can provide so much benefit and may explain why we are successful in so many drunk driving cases. To speak to an attorney about defending an offense for driving while intoxicated in Brick, call our office at (732) 286-6500 today.

FREE CONSULTATION
Contact Us