Passaic County DWI Offenses Lawyers

What Is a DWI Offense in Passaic County?

It is illegal in New Jersey and elsewhere in the United States to drive while intoxicated or “being under the influence,” which the courts define as having a “substantial deterioration or diminution of the mental faculties or physical capabilities of a person” because of ingesting drugs or alcohol.

New Jersey law states that an adult over age 21 is intoxicated with a blood alcohol content (BAC) at or above 0.08 percent. A person younger than the state’s legal drinking age of 21 can be found guilty of DWI with any detectible amount of alcohol in their blood.

State law also prohibits a person from operating a motor vehicle while under the influence of a hallucinogenic, a narcotic, or other habit-producing drug. New Jersey commonly refers to impaired driving based on the use of drugs as a DUI, or driving under the influence of drugs (DUI).

Drunk Driving Penalties in Passaic County

New Jersey’s penalties for violating its drunk driving laws grow more severe with repeat offenses. Here’s a short breakdown of drunk driving offenses in Passaic County and the punishment that can result for each:

• If convicted of a First Offense with a BAC of 0.08 to 0.09 percent:
  • Up to 30 days in the Passaic County Jail
  • A fine of $250 to $400
  • A driver’s license suspension for 90 days
  • Two 6-hour classes over two consecutive days at an Intoxicated Driver Resource Center
• If convicted of a First Offense with a BAC of 0.10 percent or higher:
  • Up to 30 days in the Passaic County Jail
  • A fine of $300 to $500
  • A driver’s license suspension for seven to 12 months
  • Two 6-hour classes over two consecutive days at an Intoxicated Driver Resource Center
  • An annual insurance surcharge penalty of $1,000 each for three years
• If convicted of a Second Offense, regardless of the BAC:
  • Held for 2 to 90 days in the Passaic County Jail
  • A fine of $500 to $1,000
  • A driver’s license suspension for two years
  • A detainment of 48 consecutive hours in a regional Intoxicated Driver Resource Center
  • An annual insurance surcharge penalty of $1,000 each for three years
  • The installation of an ignition interlock device for one to three years after regaining driving privileges
• If convicted of a Third Offense, regardless of the BAC:
  • 180 days in the Passaic County Jail
  • A $1,000 fine
  • A driver’s license suspension of 10 years
  • Detainment in an in-patient alcoholism treatment program
  • An annual insurance surcharge penalty of $1,000 each for three years
  • The installation of an ignition interlock device for one to three years after regaining driving privileges
  • A fee determined by the court and paid to the Intoxicated Driver Resource Center

In addition to those penalties, any DWI or DUI conviction also requires:

• A Violent Crimes Compensation Fund fee of $50
• A Safe and Secure Community Program fee of $75
• An Intoxicated Driving Program fee of $100
• A Drunk Driving Enforcement Fund surcharge of $100
• A Motor Vehicle Commission restoration fee of $100

A judge may also revoke a defendant’s vehicle registration.

Penalties increase if a DWI or DUI occurred in a school crossing or a school zone.

In addition, if you’re a parent or guardian convicted of driving while intoxicated with a passenger who is 17 or younger, you’ll also be found guilty of a disorderly persons offense. For that alone, you’ll lose driving privileges for up to six months and be required to perform up to five days of community service.

Our Response Your Passaic County Drunk / Drugged Driving Charge

The Law Offices of Jonathan F. Marshall believe that defendants have a right to and deserve a strong and dedicated legal defense that seeks the best available resolution for them. We not only want to hear what occurred from your perspective but to review the police report and any other available evidence against you.

For a conviction in a Passaic County drunk driving or drugged driving case, prosecutors must demonstrate two elements:

• Proof of operation of the motor vehicle. This is customarily established through a law enforcement officer seeing the defendant operate the vehicle, or circumstantial evidence indicating that the person was operating or intended to operate the vehicle — for instance, if the keys were in the ignition or that the engine was running.
• Proof of intoxication (being under the influence). This is where the Draeger Alcotest 7110 MKIIIC comes in as the state’s official mechanism for testing breath samples in such cases. If police cannot establish a breath or blood sample, they may attempt to establish intoxication through SFST, also referred to as psycho-physical testing.

We can explore whether any field sobriety test was administered and interpreted properly. We’ll also question:

• The probable cause or reasonable suspicion for the traffic stop
• The probable cause to believe you were intoxicated
• Whether the administration of the Draeger Alcotest was improper or untimely
• Whether the Draeger Alcotest has been properly inspected and certified
• Whether there was an illegal search or seizure to draw your blood to test the alcohol or drug content
• Whether there was a failure to advise you of your Miranda rights against self-incrimination

If a conviction cannot be avoided, our Passaic County criminal defense attorneys will work to have any blood or urine test results excluded or reduced so that you receive the minimum possible punishment. We’ll also negotiate with the court regarding any prior convictions you may have.

Contact Our Passaic County DWI Lawyers Now

The Law Offices of Jonathan F. Marshall recognizes that people can and do make mistakes. Although drunk or impaired driving can cause devastating injuries or death, we also believe in giving people an opportunity not to have a mistake limit their livelihood and future, especially when there are no injuries or little property damage.

Contact the Law Offices of Jonathan F. Marshall today to learn how we’ll put our 100 combined years of legal experience to work for you. Visit our Wayne office at 73 Mountainview Blvd., or call us to set up a free, no-obligation consultation.