Lakewood NJ DWI Attorney

DUI Lawyers in Lakewood New JerseyLakewood is among a host of Ocean County municipalities that aggressively target DWI. In the last year alone (2016), the Lakewood Police Department issued 255 summonses for driving while intoxicated and driving under the influence of drugs. This is an extreme number but probably not shocking given that the Township is the most populated community in the county with almost 100,000 residents (i.e. 92,843 as of 2010 census). The high volume of DWI charges in Lakewood is also tied to a few particularly aggressive officers who account for a large block of the previously mentioned total. You need to take selection of your defense attorney just as serious, especially when you also consider that the state has outlawed plea bargaining in DWI cases. Avoiding the mandatory penalties associated with a driving while intoxicated conviction therefore comes down to identifying and/or developing issues that allow the prosecutor and judge to downgrade DWI/DUI offense. The attorneys at our firm are some of the more knowledgeable and experienced in the state, including numerous dual certified lawyers and former DWI prosecutors. Call us anytime of day for an immediate free consultation with an attorney on our staff.How Does The State Prove A Lakewood DUI?
When someone is accused of DWI, the prosecutor must establish through a blood or breath test that the accused was operating a motor vehicle with a blood alcohol concentration of .08% or higher. The elements required to prove a Lakewood DUI (a.k.a. driving under the influence of drugs) are more complicated. Even the most sophisticated and accurate drug screening tests are incapable of determining when a drug was ingested and whether a person is actively under the influence of the drug at the time of the test. All the test reveals is the presence of a drug and many controlled dangerous substances ("cds") produce a positive test result days after actual consumption. Law enforcement officers are therefore required to do additional evaluations to determine whether the driver is currently under the influence of the drug. These procedures are known as drug recognition evaluations (DRE), and they must be conducted by a registered and qualified law enforcement officer. This specially trained police officer to required to administer a series of specific tests intend to evaluate impairment from heroin, cocaine, marijuana and other drugs.  If the agent conducting the DRE determines that the driver is under the influence, and the driver also tests positive for drugs for a urinalysis, then the driver will likely be prosecuted for DUI.What are the Penalties for a DWI in Lakewood Township?
Drivers that are convicted of Driving While Intoxicated in Lakewood Municipal Court face severe sanctions. The severity of the penalties will vary depending upon the degree of intoxication and the number of prior DWI convictions. For a first DWI offense, if the defendant’s Blood Alcohol Concentration (BAC) is between 0.08% and 0.10%, then they will face a fine between $250 and $400, three (3) month license suspension, and up to thirty (30) days in prison. If the defendant’s BAC was higher than 0.10%, then they will face a fine of $300 to $500, license suspension between seven (7) months and one (1) year, and imprisonment for up to thirty (30) days. The defendant will also be required to spend 12 to 48 hours at an Intoxicated Drivers Resource Center. For a second offense, the defendant will face more severe penalties. The fine increases to between $500 and $1000, the license suspension will be for two (2) years, and the defendant must spend between 48 hours and 90 days in jail. This second offense also comes with a mandatory term of 30 days community service. Third and subsequent offenses are the most severe penalties that the defendant will face. There is be a mandatory fine of $1,000, up to 180 days in jail (90 of which may be served in a drug rehabilitation facility), and a loss of license for ten (10) years. Regardless of which number DWI offense this is for you, a surcharge of at least $1,000 must be paid once every year for three (3) years following the conviction and there is also the possibility that Judge Baxter will require implementation of an ignition interlock device in your car. These penalties are heightened when an aggravating factor like driving while intoxicated in a school zone exists.

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

Lakewood DWI AttorneysIt is clearly in your best interests to find the most experienced Lakewood DWI attorney you can find if you want to have the greatest opportunity for avoiding conviction. The credentials of the attorneys on our defense team, including our advanced training and over 100 years of experience, are extremely rare. We encourage you to do your research and to look closely at the qualifications of the lawyers you are considering. If you undertake this evaluation properly we are confident that you will be contacting the lawyers at Law Offices of Jonathan F. Marshall. Initial consultations are without charge. Our lawyers are dedicated to fighting your Lakewood driving while intoxicated charges. Give our office a call for immediate assistance.

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