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DWI Lawyer

Drunk Driving In Wall Township

Since Wall Township has many major roads and highways passing through it, DWI offenses often occur. Last year alone, there were 500 DWI related charges were written in Wall Township alone. Along Route 138, which leads to Interstate 195, is a favorite location for the Wall Police to patrol. The Wall Police often have motorist pulled over for a number of traffic violations including speeding, failure to obey traffic signals as well as drunk driving. DWI, DUI, and refusal offenses are very serious and can have a long lasting effect. While not a criminal offense, DWI, DUI, and refusal penalties and fines are very substantial and you could be facing a permanent loss of your driver's license. A DWI or DUI is written when a person is caught operating a motor vehicle under the influence of an intoxicating liquor, narcotic, or habit- forming drug and who has a Blood Alcohol Content (BAC) reading of 0.08% or above. In Wall Township and in all of New Jersey, the police officer who has pulled you over must go through numerous steps to ensure he has accurately tested your BAC. This includes using the mandated,  breath testing device. If the officer accurately follows the mandated procedure, and your BAC reading is 0.08% or above or if you are found to be under the influence of prescription or illicit drugs you can be charged with a DWI. Penalties for DWI offenses can vary depending on BAC level and number of previous offenses and whether the charges relate to drugs or alcohol.

What Is A DUI / DWI in Wall Township N.J.S.A. 39:4-50

The terms DUI / DWI are used interchangeably, as in some jurisdictions the DUI is used.  In New Jersey all matter whether involving alcohol or drugs are referred to as a DWI or Driving While Impaired from Liquor or drugs. Generally a person is considered intoxicated if they have a BAC Blood Alcohol Concentration above a .08% or without a reading in a refusal for example when an individual appears to be intoxicated but there is no reading to confirm the level. A DWI with no reading is considered an "observation" case where the officer will use their training and the totatlity of the facts to determine whether an individual is intoxicated. Evidence of intoxication can be things like slurring, doing poorly on field sobriety tests, statements and admissions made to the officer and all the factors that would lead to officer to conclude and establish probable cause that an individual is under the influence. A DWl can be for drugs or alcohol. Alcohol is legal but if you have too much you can be charged with DWI. Similarly prescription drugs are legal but if they impair your faculties and affect your driving and dexterity you can be charged with DWI.  Despite the type of impairment, substances can affect a person's processing skills, and hand-eye coordination which could affect their ability to operate a vehicle safely.

Driving Under The Influence of Drugs In Wall Township

When alcohol is consumed in conjunction with other illegal substances, there is a synergistic effect when combined, creating significantly impaired cognitive and motor abilities, and the results can be tragic. This synergistic effect is importance to note, since in many cases, despite potentially having a BAC (Blood Alcohol Concentration) below the legal limit of 0.08%, there may be significant impairment in a person's functioning due to combined affect from drugs.

Being convicted of driving under the influence of drugs or alcohol can impact your life in ways you may not be aware of, more so than just showing up on a background check. Most notable is the impact it can have on your job, career and / or future employment, and thus finances and family, despite any potential loss of freedom from incarceration.

Other Things To Take Into Consideration During A Drunk Driving Arrest In Wall

The statute dealing with drunk driving, has many confounding variables which can impact the proceedings, such as whether the vehicle was operated in a school zone, whether you have a CDL license and operating a commercial vehicle, or whether you are 21 or younger for which there is zero tolerance. Another frequently overlooked matter is the fact that the classification of a motor vehicle is not only an automobile. NJ State Law also includes boats, planes, ATV's (All Terrain Vehicles), jet skis, snowmobiles and more obviously motorcycles as vehicles which are effected by DWI Laws. Despite the charges possibly being of a lesser degree if found to be operating an ATV for example; and the penalties, fines and potential jail time being of lighter punishment / sentencing; what is important to note is that any prior violation from operating any of these vehicles while impaired, can significantly impact the consequences and punishment along with degree of conviction one is facing if found guilty of driving an automobile while intoxicated as a second offense, especially if injury to another party and / or property has occurred.

First DWI Offense in Wall Township

BAC is 0.08% or higher but less than 0.10%

  • Forfeiture of license from the time of conviction until an ignition interlock device is installed and a new interlock license is issued by motor vehicle
  • Installation of  an Ignition Interlock Device for a period of 3 months from the date of installation
  • Up to a $500.00 fine
  • 12 to 48 hours of detainment as prescribed by IDRC
  • Up to 30 days in jail
  • Other fines and penalties

If BAC is 0.10% or higher but less than 0.15%

  • Forfeiture of license from the time of conviction until an ignition interlock device is installed and a new interlock license is issued by motor vehicle
  • Installation of  an Ignition Interlock Device for a minimum of 7 months and a maximum of 12 months from the date of installation (court discretion)
  • Up to a $500.00 fine
  • 12 to 48 hours of detainment as prescribed by IDRC
  • Up to 30 days in jail
  • Other fines and penalties

If BAC is 0.15% or higher

  • Forfeiture of License from 4 months to 6 months
  • Installation of  an Ignition Interlock Device for a minimum of 9 months and a maximum of 15 months from the date of installation (court discretion)
  • Up to a $500.00 fine
  • 12 to 48 hours of detainment as prescribed by IDRC
  • Up to 30 days in jail
  • Other fines and penalties

Second DWI Offense in Wall Township

  • Loss of license for a minimum of 1 and a maximum of 2 years
  • Installation of  an Ignition Interlock Device during the period of license suspension as well as for a minimum of 2 years and a maximum of 4 years from the conclusion of the license suspension date 
  • Fine of up to $1,000.00
  • 30 days of community service
  • 48 hours of detainment as prescribed by IDRC
  • from 2 Up to 90 days in jail
  • Mandatory installation of an Ignition Interlock Device
  • Other fines and penalties

Third or Subsequent DWI Offense in Wall Township

  • Loss of license for a 8 years
  • Installation of  an Ignition Interlock Device during the period of license suspension as well as for a minimum of 2 years and a maximum of 4 years from the conclusion of the license suspension date 
  • Imprisonment of no less than 180 days
  • Fine of $1,000.00
  • Other fines and penalties

If you have been charged with DWI, DUI, or refusal, contact the experienced New Jersey DWI lawyers from Villani & DeLuca at 732-372-0738 or complete our online form for a free initial consultation.

Wall Criminal Defense Lawyer

If you or a family member are facing criminal or DWI charges in Wall or surrounding areas call the experienced wall criminal defense lawyers at Villani & DeLuca. Our lawyers have been defending clients across Ocean and Monmouth Counties since 1996. Call 732-372-0738 today for a free consultation.

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