Driving under the influence of drugs or alcohol or driving while intoxicated or impaired (DWI) are some of the most serious offenses you can face throughout the state of New Jersey. The consequences of being found guilty could follow you for the rest of your life and lead to significant collateral penalties that may be difficult or impossible to overcome.
Working with our aggressive Raritan Township DWI lawyer may be your best option if you are hoping to clear your name of the charges against you or obtain the most favorable outcome possible. If you have been arrested for or charged with a DWI, and you are not sure where to begin with your defense, look no further than our knowledgeable and aggressive New Jersey criminal defense attorney at Criminal Defense Lawyer Jenna Casper Bloom. Schedule your confidential consultation today to learn more about what happens after your DWI arrest, how to challenge the allegations against you, and what to expect next in your case.
Why Choose Criminal Defense Lawyer Jenna Casper Bloom?
When you are facing DWI charges, having an aggressive and knowledgeable criminal defense lawyer on your side is crucial. Having a DWI lawyer at Criminal Defense Lawyer Jenna Casper Bloom fight for your rights and freedoms may be the best way to defend yourself. Our Raritan Township DWI lawyers have extensive experience identifying issues with the prosecution’s case, including lab mistakes, police misconduct, and constitutional rights violations.
We have years of experience in protecting our client’s futures when they are facing the penalties associated with drunk driving charges. We offer competitive pricing so we can get our client’s cases the attention they deserve without taking on more than we can handle. You can learn more about how our attorney’s fees work and what your legal defense might look like when you contact Criminal Defense Lawyer Jenna Casper Bloom for a confidential and free consultation.
Types of DWI Cases We Handle in Raritan Township
You can face driving under the influence charges if you operate a vehicle and your blood alcohol content (BAC) levels reach or exceed .08%. However, if you hold a commercial driver’s license (CDL) and your BAC levels reach or exceed .04%, you could also be charged with a DWI. These intoxication levels can be established through urine, blood, or breath tests, which you will need to consent to under the state’s implied consent laws.
Additional charges could apply if you are under the age of 21 and are found to have alcohol or drugs in your system. However, a drunk driving offense does not need to be the end of the world when you have a dedicated DWI attorney on your side. A Raritan Township DWI lawyer at Criminal Defense Lawyer Jenna Casper Bloom can help you avoid the devastating implications of being found guilty. Some of the most common types of drunk driving cases we handle include:
- First-time DWIs
- Second-time DWIs
- Third-time DWIs
- Underage DWIs
- Prescription drug DWIs
- Marijuana DWIs
- Refusing to submit to a breathalyzer or chemical BAC test
What Happens if You Refuse to Take a Breath Test After a Suspected DWI
New Jersey has strict implied consent laws that require all licensed motorists to give their consent to a breathalyzer, which can establish the driver’s blood alcohol concentration levels. Fortunately, our DWI attorneys are prepared to handle accusations that you violated the state’s implied consent laws. The penalties for such a violation could be devastating if you are found guilty.
For example, if this is your first time being accused of violating NJ implied consent laws, you could face a mandatory license suspension of up to 12 months, even if you are ultimately acquitted of the DWI in question. You could also be fined $500, with a mandatory DWI enforcement surcharge, be required to take comprehensive Intoxicated Driver Resource Center classes, pay a $1,000 division of motor vehicles surcharge every year for the next three years, and have an ignition interlock device (IID) installed at your own expense.
With subsequent violations, the penalties will increase. For multiple refusals, fines can increase to $1,000, driver’s license suspensions can be imposed for up to 10 years, you could be ordered to attend alcoholics anonymous (AA) meetings regularly, and have an ignition interlock device installed in your vehicle for up to three years.
Unfortunately, New Jersey courts have determined specific types of actions can be considered a refusal to submit to a breathalyzer, including:
- Remaining silent
- Outright refusing to agree to the breath test
- Fake blowing into the breathalyzer
- Conditional consent
- Stalling or delay tactics
However, when you have a DWI attorney on your side, it is possible to refute the state’s allegations that you refused to agree to a breath alcohol test. The state must prove that you were arrested for a DWI, that police had probable cause to pull you over, that a request to submit a breath sample was issued, and that you refused to perform the test. If we can successfully challenge the elements of this offense, you may be able to avoid the harsh consequences of a New Jersey implied consent violation.
What NJ Prosecutors Must Prove You Guilty of a DWI
New Jersey municipal prosecutors are legally required to prove the elements of the offense have been met. Your DWI lawyer will be tasked with contradicting their case and presenting valuable evidence that introduces reasonable doubt in the minds of the judge. The elements of a DWI offense include:
- You must have been in operation of a vessel or vehicle
- You must have been actively operating a vehicle or recently driven the vehicle while impaired or intoxicated
- The police must have reasonable belief that you were under the influence of drugs or alcohol through a field sobriety test or your driving behaviors
- Your blood alcohol concentration levels must have been at .08% or higher, or .04% or higher if you carry a CDL
If each of these elements cannot be proven beyond a reasonable doubt, the court system may be legally obligated to find you not guilty of the charges against you. However, New Jersey courts and the drunk driving statute under NJSA 39:4-50 states that you can be considered intoxicated or impaired if there is a “substantial deterioration or dim munition of the mental faculties or physical capabilities of a person.” Even if your BAC levels are not .08% or higher, or you are outside of your vehicle or sitting in the passenger seat without the vehicle running, you can still be charged with and convicted of a DUI or DWI.
For this reason, you may require the legal guidance of our determined Raritan Township DWI attorney at Criminal Defense Lawyer Jenna Casper Bloom. Our in-depth knowledge of New Jersey DUI laws makes us uniquely qualified to challenge these allegations and prove that there is not sufficient evidence to support a DUI or DWI conviction in your case.
Penalties for a Raritan Township Drunk Driving Conviction
Our DWI lawyers will work tirelessly to secure a plea agreement, get the DWI charges against you reduced to a less serious offense, or obtain a not-guilty verdict so you can avoid the devastating criminal penalties and collateral consequences associated with a DWI conviction. The severity of your penalties will vary depending on the number of DWI convictions on your record, your BAC levels at the time of your arrest, and other extenuating circumstances in your case.
First-time offenders and those with BAC levels at .08% or less can expect to face:
- A maximum of 30 days in jail
- Fines up to $400
- Participation in an Intoxicated Driver Resource Center class
- Suspension or revocation of your driver’s license for up to 90 days
If your BAC levels reach .10% or higher as a first-time offender, fines can be increased to as much as $500, your driver’s license can be suspended for up to 12 months, and you may be required to pay a $ 1,000 surcharge penalty each year for the next three years.
Second-time offenders will face more severe penalties, such as:
- A mandatory 48 consecutive hours of detainment in a regional Intoxicated Driver Resource Center
- Fines up to $1,000
- A driver’s license suspension of up to two years
- As much as 90 days in jail
- Installation of an IID for up to three years once your license has been restored
- A $1,000 annual surcharge penalty for the next three years
Third and subsequent offenses will carry the most extreme consequences, including:
- Detainment in an inpatient drug or alcohol treatment program
- A driver’s license suspension of up to 10 years
- 180 days in jail
- An initial $1,000 fine and a $1,000 annual surcharge penalty for three years after the events
- Installation of an IID for up to three years after license restoration
- Fees paid to the intoxicated driver resource center
Other Criminal Penalties and Collateral Consequences
These are not the only consequences you will face if you are found guilty of drunk or impaired driving. Your DWI attorney will be working to clear your name so you can avoid some of the other serious criminal penalties and collateral consequences associated with a DWI conviction, including:
- A $75 fine paid to the Safe and Secure Communities Program
- Job loss and diminished employment opportunities
- A surcharge of $100 paid to the Drunk Driving Enforcement Fund
- Child custody or visitation issues
- Increases to your auto insurance premiums
- Points added to your driving record
- A $100 fee paid to the Intoxicated Driver Resource Center and the Motor Vehicle Commission for the restoration of your driver’s license
- A $50 fee paid to the Victims of Crime Compensation Fund
- Revocation of your vehicle registration
- Immigration or citizenship issues
- Housing restrictions
- Damage to your personal and professional reputations
- Suspension or revocation of your professional license
Defending Your DWI Charges at Trial
Your Raritan Township DWI lawyer will need to carefully evaluate the evidence at hand to determine which defenses are most likely to result in your acquittal or other favorable outcome. Some of the most common defenses our DWI attorney may use in New Jersey DWI cases include:
- Laboratory mistakes
- Failure to administer a breathalyzer correctly
- Breathalyzer calibration errors
- Lack of probable cause
- Unlawful search and seizure
- Other constitutional rights violations
- Procedural mistakes
- Police or prosecutorial misconduct
If the evidence indicates being found guilty is imminent, our team will carefully analyze your BAC test results and other evidence to determine whether certain types of evidence should be excluded or tossed out at trial. We will also carefully consider whether pretrial intervention is a possibility in your case. Pretrial diversion programs give you an opportunity to avoid serious jail or prison time and, in some cases, a criminal record. If you qualify for a pretrial diversion program, there are specific requirements you will need to be prepared to meet. Some of these could include:
- Attending Alcoholics Anonymous or Narcotics Anonymous meetings regularly
- Beginning mental health counseling
- Regular check-ins with a probation officer
- Random drug or alcohol screenings
- Completion of a drug or alcohol rehabilitation program
- Completion of a driver training program
- Obtaining gainful employment
- Pay restitution to any victims in your case
- Pay in-court fines and fees
Once you adhere to these requirements, the prosecutor agrees to reduce the charges against you to a lesser offense or dismiss the case altogether. However, if you fail to follow the terms of a pretrial diversion program, the district attorney is likely to move forward with the DWI charges against you and correlating criminal penalties.
Schedule Your Confidential DWI Defense Strategy Session Today
When you have been charged with a drunk driving offense, our Raritan Township DWI lawyer at Criminal Defense Lawyer Jenna Casper Bloom can help you graft a powerful defense strategy. It has never been more important for you to take control of your future. Your liberties are on the line.
Schedule a confidential defense strategy session with an experienced Raritan Township DWI attorney at Criminal Defense Lawyer Jenna Casper Bloom as soon as today to take steps to protect yourself. Attorney Jenna Casper Bloom serves individuals facing criminal charges across Raritan Township, Lawrenceville, Trenton, Flemington, Hopewell, and surrounding communities. Claim yours by completing our secured contact form or calling our office today.
