First Offense DWI in New Jersey

New Jersey Criminal Defense Lawyers

First Offense for DWI and DUI

If you have been charged with a DWI, DUI, or Refusal in New Jersey, contact the criminal defense lawyers at the Law Offices of John Marshall for a free initial consultation.  The drinking and driving statute in New Jersey, N.J.S.A. 39:4-50, provides for three months to one year loss of license for a first conviction for drinking and driving depending on the blood alchohol content (BAC) of the driver at the time of the alleged offense.  The tiering of the statute provides but another potential defense which our drunk driving attorneys can present in successfully handling your first offense for driving while intoxicated or driving under the influence in New Jersey.

The statute, N.J.S.A. 39:5-50 provides:

(a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:


(1) For the first offense:


(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of 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 as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;


(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of 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 as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

If you have been charged with a DWI in New Jersey, it is important to make sure all the proper procedures were followed regarding proper traffic stops, proof of intoxication, and blood and breath test results. The state will present blood alcohol evidence (BAC) based on either breath test results or blood test results.  If the results are between a .08%(the legal limit in New Jersey) and .10%, then you will be facing a three month license suspension.  If your blood alcohol content (BAC) was .10% or above, you are facing between seven months and one year loss of license. For the penalties associated with a first offense in New Jersey, please refer to our DWI Penalties page.  It is also important to keep in mind that the suspension range for a second tier DWI is between seven months and one year, so there is a significant difference in terms of minimum and maximum suspension of your license for a first offense.  Our New Jersey drunk driving lawyers will properly defend you such that, under the very worst case scenario, you receive a seven month suspension rather than exposing you to one year of license suspension.

If you have been charged with Refusal in New Jersey, then you are probably facing both Refusal charges and Driving While Intoxicated Charges. The penalties associated with Refusal in New Jersey are similar to the penalties for a first offense Driving While Intoxicated except that there is no opportunity for anything less than a license suspension between seven months and one year if you are convicted of Refusal.  Additionally, the State will attempt to convict you on the related DWI as well, thereby rendering you subject to conviction for two separate offenses.  If is imperative that you consult an experienced NJ driving while intoxicated and driving under the influence attorney if you are in this situation as there is a lot which can be accomplished for you provided you are properly defended.  Indeed, the refusal and/or the DWI may be susceptible to dismissal.  For example, if our NJ drinking and driving defense lawyers are successful in obtaining dismissal of the refusal, then the prosecutor is left with a DWI or DUI charge but no BAC readings.  This is not an unusual occurrence and provides some excellent opportunities for mitigating a potential suspension or avoiding a suspension altogether. Please refer to the Refusal Statute in New Jersey for additional information.

Pleased do not hesitate to contact the Law Offices of John F. Marshall to arrange for a meeting with an experienced criminal lawyer free of charge.