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DWI/DUI Defense Lawyer in New Jersey: Protecting Your Rights and Your Future

Experienced New Jersey DUI Defense Attorneys

If you have been charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in New Jersey, you need an experienced and aggressive defense attorney to protect your rights. A conviction for DWI/DUI can have severe consequences, including fines, license suspension, mandatory alcohol education programs, and even jail time. At Lyons & Associates, our skilled DWI defense lawyers understand the complexities of New Jersey’s DWI laws and are committed to providing the strong legal representation you need.

Understanding DWI/DUI Charges in New Jersey

New Jersey has some of the toughest DWI laws in the country. Unlike many other states, New Jersey does not allow plea bargaining for DWI offenses, making it essential to have a knowledgeable attorney who can challenge the prosecution’s case against you.

What Constitutes a DWI in New Jersey?

Under New Jersey law (N.J.S.A. 39:4-50), a person can be convicted of DWI if:

• Their blood alcohol concentration (BAC) is 0.08% or higher.
• They are under the influence of alcohol, drugs, or a combination of both to the extent that their driving ability is impaired.
• They operate a vehicle while under the influence of a controlled substance, including prescription medications or illegal drugs.

Even if your BAC is below 0.08%, you can still be charged if the police believe you were too impaired to drive safely.

Penalties for DWI in New Jersey

The penalties for a DWI conviction depend on several factors, including the driver’s BAC level, prior offenses, and whether there were aggravating circumstances such as an accident or minor passengers in the vehicle.

First Offense DWI Penalties

• BAC of 0.08% to 0.10%:
  • Fine: $250–$400
  • Imprisonment: Up to 30 days
  • License Suspension: Until ignition interlock device (IID) is installed
  • IID Installation: Required for 3 months
  • Mandatory participation in the Intoxicated Driver Resource Center (IDRC) for 12–48 hours
  • Annual automobile insurance surcharge of $1,000 for three years
  • Additional fees and surcharges exceeding $525
• BAC of 0.10% to 0.15%:
  • Fine: $300–$500
  • Imprisonment: Up to 30 days
  • License Suspension: Until IID is installed
  • IID Installation: Required for 7–12 months
  • Mandatory IDRC participation for 12–48 hours
  • Annual automobile insurance surcharge of $1,000 for three years
  • Additional fees and surcharges exceeding $525
• BAC above 0.15%:
  • Fine: $300–$500
  • Imprisonment: Up to 30 days
  • License Suspension: 4–6 months
  • IID Installation: Required during suspension and for 9–15 months after license restoration
  • Mandatory IDRC participation for 12–48 hours
  • Annual automobile insurance surcharge of $1,000 for three years
  • Additional fees and surcharges exceeding $525

Second Offense DWI Penalties

• Fine: $500–$1,000
• Imprisonment: 48 hours to 90 days
• License Suspension: 1–2 years
• IID Installation: Required during suspension and for 2–4 years after license restoration
• Mandatory IDRC participation for 12–48 hours
• Annual automobile insurance surcharge of $1,000 for three years
• Additional fees and surcharges exceeding $525
• Community Service: 30 days

Third Offense DWI Penalties

• Fine: $1,000
• Imprisonment: 180 days (up to 90 days may be served in an inpatient rehabilitation facility)
• License Suspension: 8 years
• IID Installation: Required during suspension and for 2–4 years after license restoration
• Mandatory IDRC participation for 12–48 hours
• Annual automobile insurance surcharge of $1,500 for three years
• Additional fees and surcharges exceeding $525

How a Skilled DWI/DUI Lawyer Can Help You Minimize Potential Penalties

At Lyons & Associates, we use proven defense strategies to challenge DWI charges. Our attorneys thoroughly examine every aspect of your case to identify potential weaknesses in the prosecution’s evidence.

Potential Defenses Against DWI Charges

• Challenging the Traffic Stop: If law enforcement did not have reasonable suspicion to stop your vehicle, evidence obtained during the stop may be inadmissible in court.
• Questioning Breathalyzer Accuracy: Breathalyzers must be properly calibrated and maintained. If the device was not functioning correctly, the BAC results may be unreliable.
• Field Sobriety Test Errors: Field sobriety tests are often subjective and can be influenced by factors such as weather conditions, medical conditions, or improper administration by the officer.
• Rising BAC Defense: Alcohol absorption rates vary. If you consumed alcohol shortly before driving, your BAC may have been rising at the time of testing and could be misleading.
• Medical and Prescription Drug Factors: Certain medical conditions and prescription medications can result in false-positive breathalyzer results or symptoms that mimic intoxication.

Refusing a Breath Test in New Jersey

New Jersey has an “implied consent” law, meaning that if you refuse to submit to a breathalyzer test after being lawfully arrested for DWI, you face additional penalties, including:

• First Offense:
  • Fine: $300–$500
  • License Suspension: 7 months to 1 year
  • IID Installation: Required during suspension and for 6–12 months after license restoration
  • Annual automobile insurance surcharge of $1,000 for three years
• Second Offense:
  • Fine: $500–$1,000
  • License Suspension: 2 years
  • IID Installation: Required during suspension and for 1–3 years after license restoration
  • Annual automobile insurance surcharge of $1,000 for three years
• Third Offense:
  • Fine: $1,000
  • License Suspension: 8 years
  • IID Installation: Required during suspension and for 1–3 years after license restoration
  • Annual automobile insurance surcharge of $1,500 for three years

Refusing a breath test does not mean you will automatically be convicted, but it does add another layer of complexity to your case. Our legal team can help you challenge refusal charges and fight for the best possible outcome.

DWI/DUI and Commercial Drivers

Commercial drivers (CDL holders) face even stricter DWI laws in New Jersey. If you hold a CDL and are convicted of a DWI with a BAC of 0.04% or higher, you risk:

• A one-year suspension of your CDL for a first offense
• A lifetime CDL revocation for a second offense

Losing your CDL can mean losing your livelihood. Our experienced attorneys understand the high stakes involved and will aggressively defend your case to protect your career.

Underage DWI (Zero Tolerance Law)

New Jersey has a zero-tolerance policy for underage drinking and driving. If a driver under the age of 21 is found with a BAC of 0.01% or higher, they face:

• License suspension for 30 to 90 days
• Community service requirements
• Mandatory alcohol education program

Why Choose Lyons & Associates for Your DWI Defense?

When facing a DWI charge, having an experienced attorney on your side can make all the difference. At Lyons & Associates, we offer:

• Extensive Experience: Our attorneys have years of experience handling complex DWI cases throughout New Jersey’s municipal courts.
• Aggressive Defense Strategies: We meticulously analyze every aspect of your case to identify the best defense approach.
• Personalized Legal Guidance: We understand that every case is unique and provide tailored legal strategies for each client.
• Proven Track Record: Our firm regularly defends clients against DWI charges, helping them avoid severe penalties and protect their future.

Contact a New Jersey DWI/DUI Lawyer Today

If you are facing DWI charges in New Jersey, time is of the essence. The sooner you contact an experienced defense attorney, the better your chances of achieving a favorable outcome. At Lyons & Associates, we are committed to providing skilled legal representation to protect your rights, your license, and your future.

Call us today to schedule a confidential consultation and take the first step toward building a strong defense against your DWI charge.