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DWI

Jersey Shore DWI Lawyer

N.J.S.A. 39:4-50 is the statute that covers DWI in the state of New Jersey. The statute specifically states that

“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” is subject to the penalties for DWI.

The various penalties for DWI depend upon the intoxicating substance; if the substance is alcohol than the blood alcohol concentration of the individual and finally whether the DWI conviction is a first, second or third offense.

For a first offense DWI due to intoxicating liquor the individual’s blood alcohol concentration will be the determining factor in the ultimate sentence. If the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, that individual will be subject 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.

If however, 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, the person will be subject 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 the individual is convicted of a second offense DWI regardless of whether the individual was intoxicated due to drugs or alcohol, the person shall be subject to a fine of not less than $500 nor more than $1,000, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device.

If the individual is convicted of a third or more offense DWI regardless of whether the individual was intoxicated due to drugs or alcohol, the person shall be subject to a fine of $1,000, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device.

A conviction of a DWI law in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact shall constitute a prior conviction for purposes of sentencing the individual under the New Jersey DWI law. However, under certain circumstances, if the previous conviction was more than 10 years before the prior offense may not count for sentencing purposes.

Defenses to DWI

If you have been charged with DWI there are many defenses that the experienced DWI defense attorneys at Clark, Clark & Noonan can raise. First and foremost, our lawyers may be able to challenge the reason that the officer pulled over your vehicle in the first place. Officers need reasonable suspicion to pull over a vehicle that is traveling down the road. If the police lack that reasonable suspicion and pull the vehicle over anyway, our attorneys may be able to file a motion to suppress the stop and suppress all evidence and observations that occurred after the stop. If our lawyers are successful in this motion, the case will be dismissed.

Our lawyers can also challenge the field sobriety tests which were conducted on the side of the road after the motor vehicle stop. The National Transportation Safety Board has set forth three reliable tests that officers are supposed to conduct to determine if an individual is under the influence of alcohol. They are the HGN test, the walk and turn test and the one leg stand test. If officers failed to follow the proper guidelines set forth by the National Transportation Safety Board our lawyers may be able to challenge the officer’s conclusions and actions and may be able to obtain a dismissal of all charges.

Finally, our lawyers may be able to challenge the breath test that was administered back at the police station. In order to properly operate the breath test and obtain an accurate result, officers are required to follow very specific protocols. These protocols include observing the individual for a twenty - minute period before they administer the breath test, removing the mouth piece to the machine after each breath sample and making sure that there are no electronic devices in the room when the test is administered. Our lawyers are often able to challenge the procedures which the officers followed or failed to follow and successfully argue that the breath test results should not be admitted in court.

Contact Our DWI Defense Lawyers

If you or someone you know has been charged with DWI at the Jersey Shore, contact our aggressive DWI defense lawyers at Clark, Clark & Noonan. Our DWI defense attorneys handle DWI cases in Belmar, Wall, Manasquan, Point Pleasant, Brick and all other Jersey Shore towns. Our attorneys offer a free consultation on all DWI matters. Call us today.

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Always attentive, very informative. They walk you through every step along the way. Ryan and partners at Clark & Clark are the guys to call when that time comes around, best legal advice around. Michael S.
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I have had the privilege of getting to know and be able to work with Charlie and Ryan Clark as well as Michael Noonan of Clark & Clark, LLC over the last year. They have been nothing short of spectacular in getting to know. I would highly recommend this criminal defense and personal injury firm if you need to find someone to represent you in the state of New Jersey! Brent C.
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Best damn lawyer I ever had In my life! I highly recommend Ryan Clark. Super smart, knows his stuff. Most of all he took the time to go over in detail the complete file and history of my case and took his time with me. Heaven and Hell collided! And Ryan shot from the hip like Clint Eastwood! And let me tell you or anyone you know who needs a lawyer and a good one too, it's Ryan Clark. Can't thank him enough. Francesca J.