Madison NJ First Offense DWI Lawyers
In Morris County, a first offense DWI is a serious offense and one that you cannot afford to face without representation. While technically an offense that is handled at the municipal level of the town that your traffic stop occurs in, the effects of that traffic stop are disproportionately larger than any other offense that is handled in a municipal court. The potential to lose your license for a significant period of time, potential for heavy fines for a number of years, and the possibility that this traffic stop may affect your ability to maintain gainful employment all underscore the importance of obtaining not only competent, but the best representation that you can to fight these charges. Here at the Law Office of Jonathan F. Marshall we take a lot pride when it comes to defending individuals charged with driving under the influence. Our office has dedicated a ton of resources into obtaining very unique qualifications to enhance our chances to successfully represent Defendant’s charged with driving while intoxicated in towns like Butler, Boonton, Mendham, Washington, Roxbury, Parsippany, Morristown, Denville, Dover, Mount Olive, East Hanover and Madison. If you or someone you know has been charged with driving while intoxicated in a school zone, refusal to submit to a breath sample, aggravated assault, assault by auto, marijuana dui or death by auto in Morris County, we can help. Please contact our Morristown office directly at 973-309-7050 and set up a free initial consultation.
First Offense DWI Defense Attorneys in Denville NJ
Under NJSA 39:4-50, New Jersey’s DWI Statute, a person is guilty of a DWI if the state can establish essentially two primary elements. These elements are, first, proof of operation and, two, proof of intoxication.
The state has three primary ways of proving operation of a vehicle. The first, and most obvious of the three, is direct evidence, meaning that the officer witnessed the defendant actually operating the vehicle before they made the traffic stop. A second, somewhat obvious way to prove operation, is an admission from either the defendant that they were operating the vehicle or from other people in the car that the defendant was operating the vehicle. The last of these ways is through the use of circumstantial evidence. Typically speaking here, we are talking about situations in which the officer finds the defendant behind the wheel where there has been an accident or the car is on the side of the road. From where the car is found, the state is allowed to draw the inference that the defendant has operated the vehicle, creating a presumption of operation for them to use in trial.
As for intoxication, once again, the state has two primary ways of proving intoxication. The first are the road side field sobriety tests. Everyone is familiar with these. Field sobriety tests typically include being asked to say the alphabet backwards, walk a straight line, touch your finger to the tip of your nose repeatedly, one legged stand and following a flashlight for example. The other way, which is equally familiar to most people, is the breathalyzer test. In New Jersey, the breathalyzer test used is the Alcotest 7110 produced by Drager Industries. Based on State v. Chun, the scientific reliability of the device has been established by the courts. A reading produced on that machine of a BAC (Blood Alcohol Concentration) of .08 or higher will prove intoxication for the state.
What are the Penalties for a First Offense DUI Conviction in New Jersey?
For sentencing purposes on a first offense DWI, a BAC of .08 or higher, but less than .10% will lead to fines ranging from $250 to $400, a suspension of your license for no less than 3 months, the possibility of incarceration for up to 30 days, and a surcharge of $1000 assessed annually for 3 years. For a BAC registering greater than .10%, the fines increase to between $300 and $500, a suspension of your license for between 7 months and 1 year, up to 30 days in prison, and a surcharge assessed annually for 3 years of $1000. This is also not mentioning that inevitably as a result of conviction your car insurance cost may skyrocket and your ability to maintain employment may be affected by your inability to drive yourself to and from work every day.
Morris County NJ DWI Defense Attorneys
While this all serves to paint a bleak picture, do not assume that there is nothing that can be done for you. Our attorneys are skilled at both attacking the operational and intoxication elements of the offense. In fact, we may be the best in the state at doing so. As mentioned above, our office has dedicated a lot of resources into our DWI defense. So please, if you or a loved one has been charged with a first offense DWI in Morris County, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case.