A driving while intoxicated (DWI) conviction can mean losing your driving privilege, and in some cases, your freedom. You must put your DWI case in the hands of a New Jersey DWI lawyer with the experience and legal skills to fight a DWI charge aggressively and effectively.

At Shugar Law Office, our New Jersey DWI lawyers work to get our clients the best legal results in a driving while intoxicated case. We understand DWI law and know how to challenge an arresting officer’s testimony and the “scientific” evidence often used to convict DWI defendants.

DWI in New Jersey is the equivalent of DUI (driving under the influence) in other states. Many of us casually use the terms DWI and DUI interchangeably. More than 26,000 persons receive convictions every year for DWI and DWI-related offenses in New Jersey.

When Should You Contact Shugar Law Office?

The penalties for a DWI conviction can be severe and life-altering, so you must have an experienced defense attorney handling your case. The Shugar Law Office legal team understands the New Jersey justice system and will provide the professional representation you need.

The DWI attorneys at Shugar Law Office do not expect you to plead guilty if you are innocent. We will defend you against a DWI charge and work hard to ensure your freedom. If you face a DWI charge, the first step is to contact Shugar Law Office as quickly as possible.How Serious Are DWI Convictions?

Every DWI conviction is unfortunate. Even in the best-case scenario, you will temporarily lose your driving privilege, and your car insurance company will raise your rates. If you drive for a living or if driving is essential to your livelihood, you may have to find alternative employment.

The penalties for a particular driving while intoxicated conviction in New Jersey depend on the offender’s blood alcohol content (BAC) level when the arrest occurred, whether the offender has a prior conviction for DWI, and the other details of the DWI incident and arrest.

How Does New Jersey Penalize First-Time DWI Convictions?

What penalties can a New Jersey court impose for a first driving while intoxicated conviction with no aggravating circumstances for drivers 21 and older?

A BAC level of 0.08 percent to 0.10 percent can result in a court suspending a driver’s license until the driver installs an ignition interlock device (IID). Upon installation, the driver must use the IID for three months and pay a $250 to $400 fine.

The driver must pay $1,000 insurance surcharges for three years and attend the Intoxicated Driving Program (IDP). A judge may also order thirty days in jail. If the driver installs the IID before appearing in court and provides documentation, the court may waive the $250-$400 fine.

What Are the First-Time Penalties for Drivers With Higher BAC Levels?

For a driver with a BAC level higher than 0.10 percent but lower than 0.15 percent, the driver’s license is suspended until installation of an IID. The driver must use the ignition interlock device for seven to twelve months.

Other penalties may include a fine of $300 to $500, an IDP requirement, insurance surcharges of $1,000 a year for three years, and up to thirty days in jail. If the driver installs the IID before appearing in court and provides documentation, the court may waive the $300 to $500 fine.

A BAC measurement over 0.15 percent results in a four-to-six-month driver’s license suspension and a nine-to-fifteen-month IID requirement. The court may order thirty days of jail time, a $300 to $500 fine, insurance surcharges of $1,000 annually for three years, and IDP attendance.

In New Jersey, the penalties for second and subsequent drunk driving offenses are increasingly harsher with each conviction. If you have prior offenses or your case involves aggravating circumstances, you must be represented by an experienced attorney at Shugar Law Office.

How Does New Jersey Handle Drug-Related DWI?

You can also face a DWI charge if you drive while under the influence of an intoxicating drug. It doesn’t matter if the drug is illegal, prescribed, or purchased over-the-counter. If it impairs you and you can’t operate a vehicle safely, you will be charged with driving while intoxicated.

The penalties for drug-related DWI differ only slightly from cases involving alcohol. If you are convicted of drug-related DWI, you will face a mandatory seven-to-twelve-month driver’s license suspension, up to thirty days in jail, and fines and surcharges exceeding $3,500.

A second drug-related DWI conviction is punishable with two to ninety days in jail, a two-year driver’s license suspension, and higher fines and surcharges. A third conviction is punishable with 180 days in jail, a ten-year license suspension, and even higher fines and surcharges.

What Should You Do If the Police Arrest You for DWI?

Every year, law enforcement officers in the United States place about one million drivers under arrest for driving while intoxicated. If you are one of those drivers:

1. Be cooperative and polite, but insist on your rights. After you show an officer your license, registration, and proof of insurance, you can say, “I am exercising my right to remain silent until my attorney is present,” and then say nothing more.

1. Contact a New Jersey DWI attorney at Shugar Law Office, and do not admit guilt or sign any legal documents before you consult that attorney.

1. Don’t plead guilty simply because you tested positive for alcohol on a breathalyzer exam.

How Will a DWI Lawyer Defend You?

It’s rare, but attorneys occasionally offer “affirmative” defenses to DWI. An affirmative defense is an admission that you drove while intoxicated, but it contends that you had no choice because of a medical emergency, a natural disaster, or someone threatening or forcing you to drive.

Another rare defense in New Jersey DWI cases is the claim that you weren’t driving a vehicle. When police officers respond to an accident and do not see who was driving one of the vehicles, it is sometimes impossible to prove who was driving.

In most driving while intoxicated cases, another defense is more appropriate. Your attorney may contend that the police violated your rights or that your breathalyzer results are inaccurate.

Will the Prosecutor Offer You a Plea Deal?

In many states, a DWI or DUI defense attorney will negotiate with the prosecutor to lower a DWI or DUI charge to “wet reckless,” the equivalent of reckless driving. This plea deal allows defendants to avoid the most serious consequences of a DUI or DWI conviction.

But a wet reckless plea deal is not possible in New Jersey. New Jersey law prohibits plea bargains that allow prosecutors to reduce driving while intoxicated charges to lesser offenses like wet reckless or reckless driving.

What Are Reasonable Suspicion and Probable Cause?

According to the United States Supreme Court, the police may stop and detain someone based on an officer’s reasonable suspicion of that person’s participation in a crime. Reasonable suspicion must arise from circumstances, facts, and an officer’s training and experience.

Reasonable suspicion is more than a hunch but weaker than probable cause. Probable cause is the belief, supported by facts and circumstances, that a crime was, is being, or will be committed. To stop a driver in traffic, the police must have probable cause or reasonable suspicion.

How do these concepts apply in actual driving while intoxicated cases? A police officer can’t stop and detain you against your will without reasonable suspicion. But even then, the officer cannot arrest or search you without probable cause or an exception to the probable cause rule.

What if the police violate your rights during a traffic stop or a driving while intoxicated arrest? Your Shugar Law Office defense attorney may ask the court to suppress unlawfully seized evidence or to dismiss the driving while intoxicated charge.

What Should You Know About Field Sobriety Testing?

Law enforcement officers who suspect a motorist is intoxicated may conduct field sobriety and breathalyzer tests. The test results may play a key role in your driving while intoxicated case, so it is essential to know how the tests are administered and used to determine intoxication.

A New Jersey DWI lawyer at Shugar Law Office understands how to challenge field sobriety tests in a DWI prosecution. Field sobriety tests include:

1. the horizontal gaze nystagmus
2. the one-leg stand
3. the walk-and-turn

A police officer may believe you are intoxicated if you cannot complete one or more of these tests. But weather, sickness, injuries, fatigue, uncomfortable shoes, or even a case of nerves can affect your field sobriety test performance.

A New Jersey DWI attorney at Shugar Law Office will challenge field sobriety test results by showing how other factors impaired your ability to perform. We will strive to ensure these unreliable test results do not result in a conviction for driving while intoxicated.

What Should You Know About Breathalyzer Tests?

Breathalyzer devices often return false positive readings. Most cough syrups and mouthwashes contain a trace of alcohol. Fruits, nuts, and other food items may also return a false positive reading. Several medical conditions may also cause a false positive breathalyzer result.

When the police administer breathalyzer tests, they must adhere to strict testing procedures. For instance, an officer must observe a driver for at least twenty minutes before conducting a breath test to ensure the driver does not get sick or do anything else that may affect test results.

How Can You Challenge Breathalyzer Test Results?

Failing to follow the twenty-minute rule or other procedures like it will lead to unreliable test results. A DWI defense attorney may challenge breath testing results in several ways:

1. Was the breathalyzer properly calibrated and maintained?
2. Was the test administered properly?
3. Was the officer who administered the test appropriately trained?

Shugar Law Office can review your case to determine if the police made mistakes administering your breathalyzer test. If there is a problem with the test, we will find it and use it to your advantage.

Can You Expunge a New Jersey DWI Conviction?

You cannot expunge a DWI conviction because DWI is a traffic offense, not a criminal offense, in New Jersey. It remains on your driving record but does not appear on or create a criminal record. While expungement is unavailable, you may qualify for post-conviction relief.

A DWI defense attorney can evaluate your circumstances to determine if you can clear your driving record or minimize the effects of a previous driving while intoxicated conviction.

What Should You Know About DWI Checkpoints?

New Jersey law enforcement officers frequently conduct DWI checkpoints. If a police officer does not adhere to the proper procedures when arresting someone at a checkpoint, the court may dismiss the driving while intoxicated charge.

In cases that involve DWI checkpoints, your attorney will review the specifics of your case to determine whether or not the police complied with the checkpoint rules. Even at a checkpoint, police officers must still have reasonable suspicion to place you under arrest.

What Should You Know About DWI Manslaughter?

DWI manslaughter is the most serious DWI offense. Unlike other DWI charges in New Jersey, DWI manslaughter is a criminal offense rather than a traffic offense. A DWI incident that causes a fatality is charged as vehicular homicide and prosecuted as a second-degree indictable offense.

If you face a DWI manslaughter charge in New Jersey now or in the future, call Shugar Law Office immediately at 609-544-2811. The penalties for a DWI manslaughter conviction may include:

1. a five-to-ten-year prison sentence
2. a fine of up to $150,000
3. a driver’s license suspension of five years to life

In cases that involve extreme recklessness and one or more previous driving while intoxicated convictions, DWI manslaughter is a first-degree offense, punishable upon conviction with a ten-to-twenty-year prison sentence.

Why Choose Shugar Law Office?

At Shugar Law Office, a DWI attorney with extensive legal knowledge will prepare a comprehensive strategy for fighting a driving while intoxicated charge. Our law firm will challenge the state’s evidence, fight for your rights, and ensure you receive exceptional legal representation.

Our commitment to our clients extends beyond DUI/DWI charges. We also represent clients facing charges for assault, arson, drug crimes, weapons violations, and sexual assault. You can trust our New Jersey criminal defense attorneys to give you their complete personal attention and deliver the aggressive, effective defense representation you need.

Don’t face a driving while intoxicated charge alone. Your freedom and best interests are our top priorities. If you are facing DWI charges in New Jersey, call our law offices at 609-544-2811 to schedule a free consultation with one of our experienced New Jersey DWI attorneys.