New Jersey First Offense DWI Attorneys

1st Offense DWI 0.08% – 0.09%

The penalties you face for a first offense of driving while intoxicated in New Jersey actually depend upon the level of intoxication determined by the state’s breathalyzer called the Alcotest machine. The legal limit in New Jersey is .08% Blood Alcohol Content (BAC). So for a first offense DWI where your breath alcohol reading “BAC” is at least 0.08% but less than 0.10% you will face the following penalties and fines.

• Loss of your driving privileges for 3 months.
• Up to 30 days in county jail.
• Between $250 and $400 in fines.
• A $1,000 insurance surcharge for three years.
• Other fees and surcharges in excess of $525.
• Possible Ignition Interlock requirement for six to twelve months.
• Alcohol/substance abuse assessment.
• 12 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).

1st Offense DWI 0.10% and Greater

The penalties for a first offense DWI become substantially more severe if the reading is higher. For instance, the DWI statute under 39:4-50 states that if your BAC is .10% or higher you will face the following penalties listed below.

• 7 – 12 month forfeiture of your driver’s license.
• An increased fine of $300 and $500 in fines.
• Mandatory Ignition Interlock 6 – 12 months (if BAC is greater than 0.15%)
• A $1,000 insurance surcharge for three years.
• Other fees and surcharges in excess of $525.
• 12 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).

2nd Offense Stepped Down to a 1st Offense

Lawmakers have provided an avenue of relief for repeat offenders who go at least ten (10) years between offenses. In this regard, N.J.S.A. 39:4-50(a)(3) provides that “if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes”. What this means is that there is a step-down of a second offense to a first offense when there is ten (10) or more years between the arrests.  Please note that the ten (10) year gap is determined based on the date of the offense rather than conviction. If there are at least ten (10) years between the dates that the accused was arrested, the step-down applies. While winning a first offense case is always the best option for avoiding penalties, the ten (10) year step-down is also an avenue for relief when all else fails.

1st Offense for Driving Under the Influence of Drugs

Driving under the influence of drugs, which is often referred to as DUI, falls under the same law as a violation based on alcohol intoxication, namely, N.J.S.A. 39:4-50. An individual commits a DUI by virtue of ingestion of marijuana, cocaine, Xanax, heroin, oxycodone, or another drug when the substance alters his/her normal physical coordination and mental facilities to the point of rendering them a danger on the highway. An individual is prohibited from operating a motor vehicle where there is “a substantial deterioration or diminution of mental faculties or physical coordination of a person, whether it be due to intoxicating liquor, narcotic, hallucinogenic or habit producing drugs.” A first offense for DUI results in different penalties from those that apply in a DWI scenario. A conviction for a first DUI offense results in:

• Fine of at least $300 but no more than $500
• License suspension for not less than seven months nor more than one year
• Up to thirty days in the county jail
• Detainment at the Intoxicated Driver’s Resource Center for 12 hours to 48 hours
• An insurance surcharge of $1,000 per year for three years
• Ancillary assessments of $50 for the VCCB, $75 to the SNF, $100 for DUI Enforcement, and $125 for a DUI surcharge.

1st Offense for Underage DWI

New Jersey has a separate DWI law that applies where a motorist operates a motor vehicle while intoxicated and is also under legal drinking age of 21. N.J.S.A. 39:4-50.14 makes it illegal for an underage driver to operate a motor vehicle with a blood alcohol concentration of .01% or more. The penalties for violating this law include a driver’s license suspension of 30 to 90 days. There are no other penalties under 39:4-50.14 nor does a conviction count as a first offense in the event of a subsequent arrest under 39:4-50. A skilled New Jersey DWI attorney at our office will ensure that your son or daughter avoids a conviction for a standard DWI (i.e. violation based on a BAC of .08% or more) and/or underage DWI so that they can move on with their life with minimal impact. One of our attorneys is near you and ready to provide a consultation.

First Offense DWI on a Commercial Driver's License ("CDL")

A motorist who holds a commercial driver’s license (“CDL”) is held to a higher standard when they operate a commercial vehicle. Whether you are operating under a Class A license, Class B license, Class C license, or even a Class D license, you are subject to a reduced blood alcohol limit of .04% rather than the .08% standard that applies to a holder of a regular private passenger license. You will also be subject to an enhanced penalty for a first offense of CDL DWI under N.J.S.A. 39:3-10.20. Your CDL privileges will be suspended for at least one year and as much as three years “if the motor vehicle [being operated] was a commercial motor vehicle”.

Given the potentially devastating nature of a license suspension for someone who drives for a living, it is extraordinarily important for someone facing a CDL DWI to retain the best NJ drunk driving attorney. This is certainly the case whether you are facing a first offense or a repeat offender exposed to a lifetime suspension. The lawyers at our firm are prepared to conduct a comprehensive review of your commercial driver DWI or DUI, and highlight a course of action to help you.

Common Defenses to a First Offense DUI

There are a wide array of potential defenses that our former prosecutors and skilled DWI defense lawyers can present on your behalf to escape a conviction for a first offense. The following are some of the ways who can help you:

• Lack of Probable Cause to Stop. In order for a police officer to make a valid stop leading to a DWI conviction, they must post articulable suspicion (i.e. a reasonable basis) to believe the motorist committed a motor vehicle violation. Our attorneys can challenge the circumstances of the stop and, if successful, get your first offense thrown out of court and dismissed without any penalties.
• No Intent to Operate. There are occasions where a defendant is arrested despite not being behind the while or under circumstances where he/she isn’t driving. We can challenge a first offense DWI in NJ based on lack of intent to operate or lack of operation altogether.
• No Basis to Arrest. Even if there is a valid stop, the police cannot arrest you on suspicion of DWI without probable cause. Typically, this contemplates that you failed field sobriety tests at the scene. You cannot imagine, however, how often police officers instruct, administer, and score tests inaccurately resulting in improper arrests. Our attorneys are not only SFST certified but also have instructor-level credentials so they know more about what is right and what is wrong in this area than the vast majority of police. We use this to your advantage to invalidate an arrest and resulting DWI charge.
• Insufficient Evidence of Intoxication. Scientific evidence such as a breath test result or blood test is the norm for proving a first offense for DWI in New Jersey. The important thing for you to know on this subject is that there are strict guidelines set forth for these tests, some of which are violated on occasion. A savvy defense lawyer like those at our firm knows how to create issues to render improperly administered tests inadmissible (i.e. suppression) so that the prosecutor lacks proof of intoxication to convict you.

The defenses previously set forth are not intended to be fully comprehensive but rather educate you as to the most common ones that crop up at our NJ DWI firm. An attorney on our team would be happy to explore the details of your case in a comprehensive free consultation.

Contact Our Talented First Offense DWI Attorneys

As you can see, the penalties associated with a First Offense DWI are serious and differ widely depending on the circumstances. Navigating these waters without an experienced attorney can be extremely difficult, dangerous, and is not in your best interests.

The attorneys at The Law Offices of Jonathan F. Marshall are veteran DWI defense attorneys certified in the operation of the Alcotest and certified on Standard Field Sobriety Testing (“SFSTs”). These unique qualifications allow us to carefully scrutinize the state’s case against you so that you achieve a favorable outcome.  Feel free to give us a call today to speak with an attorney near you in a free no-obligation consultation so that you can start building your DWI defense today.

Frequently Asked Questions in NJ First Offense Cases