First Offense DWI in Barnegat New Jersey

Barnegat NJ First Offense DWI Defense Lawyer

The largest number of DWI offenses in Barnegat involve motorists charged with a first offense. If you are facing a first DWI charge as a result of being stopped by a New Jersey State Trooper or a member of the Barnegat Township Police Department, you need to do your research wisely. There is no plea bargaining of a Barnegat DWI case so hiring a lawyer with the skills to effectively attack your first offense is pivotal. Here at Marshall Bonus Proetta & Oliver, our attorneys include several former prosecutors, even Matthew Dorry, who served in Barnegat. We certainly know our way around the municipal court and what is necessary to convince the prosecutor that a legitimate issue precluding a conviction exists. To speak to an attorney at the firm about your first offense, contact us at 732-286-6500.

Charged With A First Offense in Barnegat Township

The New Jersey DWI Law is set forth at N.J.S.A. 39:4-50. Subsection (a)(1) is directed at first offenders and provides that:

(1) For the first offense:

(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

As you can see, the consequences of a first offense are tied to the BAC reading placed into evidence in a DWI case. If you BAC was at least .08% but less than .10%, you are subject to a 90 day license suspension. The period of revocation is 7-12 months if your BAC was .10% or higher. A major hurdle in a first offense case is elimination of the breath test or blood test results. Thankfully, this is something that is achieved by our attorneys based on legitimate flaws in the results in more than 50% of first offense cases we handle in Barnegat and elsewhere in the state. This allows our clients to escape the original offense despite the bar against plea bargaining.

Barnegat Township First DWI Charge AttorneyWe realize that being charged with a first offense can be extremely intimidating. The key for you at this point is singular, namely, finding the best attorney to defend you. Marshall Bonus Proetta & Oliver is definitely a firm you should be speaking to in your research as we have technical training, including 3 attorneys who are dual certified on the Alcotest and as instructors in Field Sobriety Testing, that are unparalleled. The head of our DWI department, Colin Bonus, also operates exclusively in this area of law and we also employ an attorney who was the prosecutor of Barnegat. These qualifications, in addition to our century of combined experience handling first offense and other DWI cases, provides us with potent tools to help you. Call us at 732-286-6500 to speak to a lawyer at the firm immediately.
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