Why Choose Us?
At Liberty State Legal, we know that being charged with driving while intoxicated can be one of the most stressful moments in your life. Our attorneys are committed to protecting your rights, your reputation, and your driving privileges.
Why clients choose Liberty State Legal:
- Experienced DWI and DUI defense attorneys across New Jersey
- Proven record of dismissed or reduced charges
- Deep understanding of field sobriety and chemical testing errors
- Strong relationships with local courts, prosecutors, and DMV officials
- Personalized representation and 24/7 client support
Understanding DWI Charges in New Jersey
Driving While Intoxicated (DWI) in New Jersey is a serious offense that can lead to license suspension, fines, and even jail time. Unlike some states, New Jersey treats all DWIs as traffic offenses rather than criminal crimes, but the penalties can still have life-changing consequences.
A conviction remains on your driving record permanently and can lead to higher insurance rates, job issues, and long-term restrictions on your freedom.
What Are New Jersey’s DWI Laws?
Under N.J.S.A. 39:4-50, you can be charged with DWI if you operate a motor vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher, or
- While under the influence of alcohol, narcotics, hallucinogens, or habit-forming drugs
For drivers under 21, any detectable alcohol in the system constitutes a violation. Commercial drivers face penalties for a BAC of 0.04% or higher.
Even if your BAC is below the legal limit, prosecutors can still pursue a DWI charge based on officer observations of impairment, erratic driving, or failed sobriety tests.
What Are the Penalties for a DWI in New Jersey?
DWI penalties in New Jersey depend on the number of prior offenses and the severity of the circumstances.
First Offense (BAC 0.08%–0.10%):
- Up to 30 days in jail
- License suspension until ignition interlock installation
- Fines between $250–$400
- 12–48 hours in an Intoxicated Driver Resource Center (IDRC)
First Offense (BAC 0.10%–0.15%):
- Same penalties as above, plus ignition interlock for 7–12 months
Second Offense:
- 1–2 years license suspension
- 48 hours to 90 days in jail
- $500–$1,000 in fines
- IDRC attendance and ignition interlock installation
Third or Subsequent Offense:
- 8-year license suspension
- Up to 180 days in jail
- $1,000 fine and IDRC requirement
Additional penalties include surcharges, community service, and significant increases in insurance premiums.
Common Defenses Against DWI Charges
While DWI laws are strict, many cases contain procedural or technical errors that can lead to reduced or dismissed charges.
Potential defenses include:
- Invalid traffic stop: No lawful reason for being pulled over
- Improper field sobriety tests: Officer error or poor test conditions
- Faulty breathalyzer or blood testing: Calibration or maintenance issues
- Violation of rights: Unlawful questioning or lack of Miranda warning
- Medical conditions: Certain health issues can mimic impairment
Our attorneys thoroughly investigate every aspect of your case to uncover weaknesses in the prosecution’s evidence.
The DWI Process in New Jersey
DWI cases in New Jersey follow strict procedures that must be handled correctly to protect your rights.
Typical stages include:
- Arrest and Testing: Police administer sobriety and chemical tests.
- Court Appearance: You’ll face a municipal court hearing where charges are read.
- Discovery Review: Your attorney examines police reports, video footage, and testing data.
- Negotiation or Motions: Defense may seek dismissal, reduction, or evidentiary exclusion.
- Trial (if necessary): The state must prove impairment beyond a reasonable doubt.
Our familiarity with local municipal courts helps ensure the process is handled efficiently and effectively.
Why You Need a New Jersey DWI Lawyer
DWI cases are highly technical, often involving breathalyzer calibration logs, testing protocols, and constitutional rights. Without experienced representation, you risk penalties that could affect your license and livelihood for years.
A New Jersey DWI lawyer from Liberty State Legal will challenge the evidence, advocate for reduced penalties, and pursue every opportunity for dismissal.
Contact Our New Jersey DWI Lawyers
If you’ve been arrested for DWI or DUI anywhere in New Jersey, contact Liberty State Legal today. Our attorneys have a deep understanding of New Jersey’s DWI laws and a strong record of protecting our clients’ driving privileges.
We will review your case, identify every possible defense, and fight for the best possible outcome. Schedule your free consultation today to get started.
FAQs
Do I have to appear in court for a DWI in New Jersey?
Yes. All DWI cases are handled in New Jersey’s municipal courts, and attendance is generally required unless your attorney appears on your behalf.
Can a DWI be removed from my record?
No. New Jersey does not allow expungement of DWI convictions, but strong legal representation may help you avoid conviction in the first place.
Will I lose my license immediately after a DWI arrest?
Not immediately. However, your license may be suspended at your first court appearance depending on BAC levels and prior history.
What happens if I refuse a breath test in New Jersey?
Refusing a breath test carries its own penalties, including automatic license suspension and fines under the state’s implied consent law.