First Offense DWI

The consequences of a driving while intoxicated ("DWI") conviction in Toms River or elsewhere in New Jersey are significant irrespective of whether it is your first offense or a subsequent violation. The reason is because an individual is subject to, among other things, a mandatory drivers license suspension, a Division of Motor Vehicles Surcharge of at least $3,000 (i.e. $1,000 per year for 3 years), and may even be sent to jail for a first violation. The penalties get even worse for a second offense. Our experience has told us that the best strategy for avoiding a conviction and/or penalties under N.J.S.A. 39:4-50 is to effectively and aggressively defend a DWI charge. In fact, there really is no other way to avoid a poor outcome as there is no plea bargaining of a first offense or any other DWI in New Jersey. You must attack the charge and convince the prosecutor and municipal court judge, that there is a bona fide issue that raises reasonable doubt concerning the offense. Our attorneys, many of whom are former driving while intoxicated prosecutors, are seasoned in identifying issues and obtaining dismissals or reductions in DWI charges. We are also extremely familiar with the major DWI courts in Ocean County as former prosecutors in Toms River, Stafford Township, Lacey, Brick, Manchester, Jackson, Berkeley, Point Pleasant Beach and Little Egg Harbor. It also helps that the the lawyers on our defense team have over 100 years of combined experience defending DWI, DUI and Breath Test Refusal cases. Contact us for immediate assistance with your first offense or other DWI charge. We can be reached immediately for a free consultation at (732) 286-6500.

Unlike a second offense or third offense where there is a set period of suspension, the revocation you will face for a first offense hinges on the blood alcohol concentration (i.e. BAC) that is introduced at the time of your sentencing. If the reading is .08% but less than .10%, then your license will be suspended for three months. For first offense BAC readings of .10% or higher, the drivers license suspension ranges between seven months and twelve months in the discretion of the court. An ignition interlock must also be installed on your vehicle if the reading admitted into evidence is .15% or more. In addition, all DWI convictions result in a fine of $250-$500, other mandatory assessments and a state surcharge of $1,000 per year for three years. The best and only way to avoid these ramifications is to avoid a conviction and/or have the original breath test or blood test results suppressed (i.e. eliminated from the case). We happen to possess a team of DWI lawyers who have an excellent history of success in challenging first offense BAC readings.

While Toms River traditionally ranks at the top of the statistics for driving while intoxicated offenses issued in Ocean County, Stafford Township is typically ranked second or third with Brick New Jersey. A contributing factor for all three (3) towns possessing such a high incident of DWI charges is not only their size and population but also the significant stretches of the Garden State Parkway that run through these municipalities. Lacey and Berkeley also have an inflated number of offenses for DWI and DUI because of the presence of the Parkway. If you or a loved was arrested and is facing a first offense in Toms River, Stafford, Brick or another municipality, we can help you. We know the courts extremely well and also happen to enjoy one of the most experienced drunk driving defense teams in the state. Matthew Dorry, an attorney on our staff, even served as the prosecutor in these towns in the past. To speak to Matt or another lawyer at Law Offices of Jonathan F. Marshall, call (732) 286-6500.