DWI

15 DWI Facts You Need to Know

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. DWI cases in New Jersey are handled in the municipal courts, so you should always have a DWI attorney who understands these court procedures.
  6. You are under no obligation to plead guilty to DWI charges and you can fight against the allegations at trial if you choose.
  7. 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.
  8. 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.
  9. 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).
  10. 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.
  11. Your attorney can challenge the arresting officer’s testimony against you by identifying inconsistent statements or uncertainties on cross-examination.
  12. 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.
  13. The consequences for DWI greatly increase with multiple convictions within 10 years, as does the necessity of having a highly skilled attorney.
  14. DWI representation can be affordable and can greatly improve the outcome of your case in many different ways.
  15. 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.