Totowa NJ First Offense DWI Lawyer

DWI / DUI Defense Attorney in Passaic County and Morris County, New Jersey

A DWI charge can happen to anyone. If a police officer suspects that you are driving while under the influence of alcohol, he or she may detain you for sobriety testing. DWI refers to “driving while intoxicated,” while DUI refers to “driving under the influence.” If you are facing a drunk driving charge, you need to get legal advice from an experienced DWI defense lawyer so that you can avoid going to jail and losing your driver’s license. Even a first offense DWI can result suspension of your driver’s license, in addition to other penalties outlined below.

Alissa D. Hascup is an aggressive DWI defense lawyer who has successfully defended countless clients who have been charged with alcohol-related offenses, including first offense DWI, DUI (driving under the influence of drugs), and underage DWI in municipalities such as Paterson, Clifton, Wayne, Totowa, and Little Falls. Ms. Hascup has extensive experience in the courtroom, which has allowed her to develop advanced defense strategies she can use to help you beat your DWI charges. Additionally, she is a former municipal prosecutor who regularly handled DWI trials. This gives her an edge in the courtroom because she understands how the other side thinks and she can anticipate the prosecution’s arguments in your case.

Contact Alissa Hascup today for a free consultation, and feel free to continue reading this page for additional information about first offense DWI charges and penalties in New Jersey.

First Offense DWI in New Jersey: N.J.S.A. 39:4-50

NOTE:  As of December 1, 2019, the DWI law in New Jersey changed. If your offense predates the change, you will be subject to different penalties.

In New Jersey, first offense DWI is criminalized under N.J.S.A. 39:4-50, which provides in pertinent part:

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 shall be subject or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle the person owns or which is in the person’s 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 to the following penalties:

(1) For the first offense:

(i) if the person’s blood alcohol concentration is between 0.08% and 0.10%, a fine of not less than $250 nor more than $400, 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 (“IDRC“), 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 until installation of an Ignition Interlock Device (“IID“), which must be installed and remain installed for three (3) months;

(ii) if the person’s blood alcohol concentration is between 0.10% and 0.15%,a fine of not less than $300 nor more than $500, 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 IDRC, 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 until installation of an IID, which must be installed and remain installed for seven (7) months to one (1) year;

(iii) if the person’s blood alcohol concentration is above a 0.15%,a fine of not less than $300 nor more than $500, 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 IDRC, 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 four (4) to six (6) months – during that time an IID must be installed and remain installed for nine (9) months to fifteen (15) months thereafter.

Penalties for First Offense DWI in New Jersey

As the above statute indicates, the penalties for DWI can be severe. In New Jersey, the threshold for DWI is 0.08% blood alcohol content. Even if you refuse to submit to a Breathalyzer test, you can still be charged and convicted. Worst of all, NJ prosecutors often try to push DWI cases through the system quickly. You will need a skilled DWI attorney by your side to help you avoid strict mandatory DWI penalties, including:

Jail Time: A DWI conviction can result in jail time. A conviction for first offense DWI can result in a sentence of up to 30 days in jail.

Suspension of Driver’s License: A DWI conviction can result in full-time loss of driving privileges. Depending on your blood alcohol content, a first-time offender may be subject to suspension of his or her driver’s license for between four (4) to six (6) months. Worse yet, if your license is suspended for a DWI conviction, there will be no way around this punishment: you will not be allowed to drive under a restricted driver’s license under any circumstances. That means no hardship license and no restricted license.

IDRC: A person convicted of DWI may be required to participate in an alcohol education program at the IDRC. A first-time DWI offender must spend 12 hours attending an intensive program at the IDRC, during which time you will be interviewed by drug and alcohol counselors and possibly referred for additional treatment for a period lasting up to one (1) year. And failure to comply with IDRC requirements could result in jail time.

IID: As of December 1, 2019, all persons convicted of DWI will be required to install an IID on their car. This is a device that makes it impossible to start the car without first providing a clean breath test sample. For a first-time DWI offender, depending on your blood alcohol reading, courts will require that the IID be installed on your vehicle for a minimum of three (3) months and, under certain circumstances, up to fifteen (15) months.

Fines: A DWI conviction can result in sizable fines. A first-time offender may be fined up to $500.00, depending on your blood alcohol content. This amount does not include court costs and fees, which can total an additional $400.00. That’s $900.00 in fines.

Surcharges: A DWI conviction can subject you to thousands of dollars in surcharges. For a first offense, you could be required to pay to the NJ Division of Motor Vehicles a mandatory surcharge of $1,000.00 per year for three (3) years. That’s another $3,000.00 on top of all the other fines and court expenses.

Criminal Record: A DWI conviction can show up on background checks for the rest of your life. I know how to make sure that this doesn’t happen.

Contact a Denville NJ First DWI Lawyer for a Free Consultation

Alissa Hascup knows how to defend clients against DWI charges. One defense available to a first offense DWI charge is challenging the legitimacy of the police stop. Perhaps the police officer lacked reasonable suspicion to stop the vehicle in the first place. Another defense involves questioning the reliability of the police equipment used to administer the intoxication test. This is where Alissa D. Hascup’s experience matters.

Call or email Alissa Hascup today so she can look over the details of your file and formulate a strategy to help you.