1. Not Hiring an Attorney.

Many people believe DWI/DUI offenses are not that serious and that it may just be another ticket.  That is not the case.  A DWI/DUI may have a serious impact on your life and livelihood.  High fines, loss of license and potential for incarceration are just a few.  

Gone are the days where prosecutors have the ability to downgrade or plea bargain a DUI/DWI.  Today it is neccessary to find a serious flaw in the prosecution of the offense. 

Penalties for a 1st offense DUI/DWI (39:4-50) are as follows:

FIRST OFFENSE - BAC OF .08% AND UNDER .10% OR "UNDER THE INFLUENCE."

FINE: $250.00 to $400.00.

INCARCERATION: "not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days."

LOSS OF LICENSE: Three Months.

NEW JERSEY DMV SURCHARGE: $1,000 per year for three years.

OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

FIRST OFFENSE - BAC OF .10% OR MORE OR UNDER THE INFLUENCE OF DRUGS.

FINE: $300.00 to $500.00.

INCARCERATION: "not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days."

LOSS OF LICENSE: Seven Months to One Year.

IGNITION INTERLOCK DEVICE: In the Court's discretion, six months to one year following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.

OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

2.  That New Jersey has a "Work LIcense" for DWI/DUI. 

Unfortunately, that is not the case.  There are no exceptions to that law. 

3.  DUI/DWI will be tried in front of a Jury. 

There are no Jury trials at the Municipal Court level for DUI/DWI's in New Jersey.  The U.S. Constitution provides a "Right to a Trial by Jury." However, this is only in certain situations, and the individual states determine when that right is incoraporated.  In New Jersey it has been determined that a DUI/DWI is not one of those charges.

4.  I should plead guilty, a lawyer would plead me guilty anyway.

Never.  While the ability to defend a DUI/DWI is getting harder and harder there are several defenses that a trained attorney/lawyer will be able to uncover.  These defense can have a serious impact on the case. 

5.  I shouldn't blow into the Breathalyzer or Alco Test "machine."

You should always blow into the "machine."  Many states have seperate statutes and laws which allow for a second charge as well as the primary DUI/DWI

If you have any questions regarding this information or you would care to have a free consultation regarding your DUI/DWI charge please contact the Law Offices of Jason C. Pollack.  856-304-1472

 ALWAYS A FREE CONSULTATION!!

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