Lakewood NJ DWI Attorney
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 |