Jackson DWI Defense Attorney
Highly Experience Jackson Township DWI Lawyers & Former ProsecutorsIf you were charged with DWI in Jackson, our defense attorneys can help you avoid a negative outcome and the penalties just described. Because there is no plea bargaining permitted in 39:4-50 cases in New Jersey, you must present your very best defense in Jackson Municipal Court in order to escape the consequences set forth under the DUI Law. The lawyers at Law Offices of Jonathan F. Marshall are former prosecutors, including one who has served in Jackson Township, as well as certified in both Field Sobriety Testing and on the Alcotest machine. This training, in addition to over 100 years of combined DWI defense experience, provides every lawyer at the firm with unique perspective when it comes to defending your Jackson driving while intoxicated summons or ticket. Give us a call at 732-286-6500 for immediate assistance from an attorney. Charged With DUI in Jackson New Jersey There are certain basics that you probably want to know if you are charged with DWI or DUI in Jackson. The first thing you need to know is that the law sets forth a per se violation for anyone who operates a motor vehicle with a blood alcohol concentration (“BAC”) of .08% or higher. In order to establish operation with a BAC over the limit, the police in Jackson utilize a blood test or, more often than not, a breathalyzer reading taken on the Draeger Alcotest 7110. There are strict rules, however, for admissibility of scientific evidence like this in a DUI case. This is why it is so important for you to hire experienced defense attorneys that know when a required protocol has been side stepped or violated. Certification on the Alcotest, something possessed by several at our firm, can also prove to be invaluable in defending a driving while intoxicated case like the one you are facing in Jackson Township. You should also know that the police and prosecutor can resort to use of Standardized Field Sobriety Testing (“SFST”) as a means of proving a DWI/DUI. Our lawyers are equipped with a high level of training, typically far beyond the arresting officer, in these tests. This provides us a formidable advantage in identifying deviations from acceptable standards in terms of administration and scoring. All of this is very important as a conviction under N.J.S.A. 39:4-50 results in the following:
- For a First Offense with a BAC above .08 but below .10 (a.k.a. “First Tier”), you face a three month license suspension, 12 hours of IDRC, imprisonment of up to 30 days, the possibility of installation of an ignition interlock, a fines and assessments, and a $1,000 surcharge for three years. If your reading is above .10 (a.k.a. “Second Tier”), the suspension is seven to twelve months and the fine escalates. If the reading exceeds .15%, installation of an ignition interlock becomes mandatory.
- For a Second Offense, there are fines and assessments, mandatory imprisonment of at least 48 hours but less than 90 days, a two year loss of license, 30 days of community service, mandatory installation of an ignition interlock and a $1,000 annual DMV surcharge for three years.
- For a Third offense, there is a mandatory jail sentence of 180 days, a license revocation of ten years, an annual surcharge of $1,500 for three years, ninety days of community service, fines, assessments, and installation of an ignition interlock during the period of suspension plus one to three years following reinstatement.
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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