If you have never faced a DWI charge before, the process can be intimidating and stressful. The following are some important DWI facts that can be helpful for drivers in New Jersey:
- You should always pull over when a police officer signals you to do so. If you try to outrun the police to avoid a DWI, you will likely end up facing more serious charges.
- You can refuse to submit a breath sample to test your blood alcohol content (BAC), however, refusal will result in a license suspension under New Jersey’s implied consent law. A DWI attorney can handle you refusal case as well as your DWI case.
- Field sobriety tests must be administered in accordance with strict guidelines in order for the results to be accurate. Your lawyer can use improper FSTs as part of your defense.
- Your DWI attorney can also challenge the results of a breath or blood test if certain circumstances existed, if officers did not follow protocol, or if the lab made errors in analyzing the samples.
- DWI cases in New Jersey are handled in the municipal courts, so you should always have a DWI attorney who understands these court procedures.
- You are under no obligation to plead guilty to DWI charges and you can fight against the allegations at trial if you choose.
- The penalties for DWI conviction can vary depending on whether you have prior DWI convictions, the level of your BAC, whether you caused an accident or injuries, and other factors.
- DWI conviction will result in a license suspension of at least three months for a first offense and NJ has no probationary license available for restricted driving privileges to work or school.
- While many DWI convictions result in fines and probation, the municipal judge has the discretion to sentence you to up to 30 days in jail for a first offense (or more for subsequent offenses).
- Your attorney can file several motions with the court prior to your court date to challenge the charges against you based on lack of evidence or violation of your rights.
- Your attorney can challenge the arresting officer’s testimony against you by identifying inconsistent statements or uncertainties on cross-examination.
- A defense attorney can negotiate with the prosecutor in your case to potentially have your charge reduced to a “wet reckless” or even a lesser charge so that a DWI conviction does not appear on your record.
- The consequences for DWI greatly increase with multiple convictions within 10 years, as does the necessity of having a highly skilled attorney.
- DWI representation can be affordable and can greatly improve the outcome of your case in many different ways.
- DWI defense attorney Robert E. DePersia, II offers free consultations for anyone facing a DWI or other criminal charges.
If you have been arrested on suspicion of DWI, call a NJ DWI defense lawyer for a free consultation as soon as possible. Contact the Law Office of Robert E. DePersia, II at 856-795-9688 today.