DUI/DWI Offenses

Mount Holly DWI Attorney

Being charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in New Jersey carries severe legal and financial consequences. A conviction under N.J.S.A. 39:4-50 can result in a mandatory loss of driving privileges, steep fines, increased insurance premiums, and even jail time. Additionally, you may be required to install an Ignition Interlock Device (IID) on your vehicle.

If you’ve been arrested for a DWI in Mount Holly, Medford, Marlton, Moorestown, Cinnaminson, or anywhere in Burlington County, you need an experienced defense attorney to fight for your rights. With years of experience handling DUI cases, our legal team provides aggressive representation to challenge the evidence and protect your driving privileges. Call for a FREE consultation, available 24/7.

Charged with DWI or Refusal in Southern New Jersey?

Law enforcement agencies in New Jersey use the Alcotest 7110 to measure Blood Alcohol Concentration (BAC) in suspected drunk drivers. If your BAC is 0.08% or higher, you can be charged with a per se DUI violation. In addition to breath test results, police officers rely on Standardized Field Sobriety Tests (SFSTs) to establish probable cause for a DWI arrest. If you refused to submit to a breathalyzer test, you could still face penalties under N.J.S.A. 39:4-50.2, based on field sobriety test performance and other evidence.

Former Municipal Prosecutor with DWI Expertise and Alcotest Certified

Having the right attorney can make a significant difference in the outcome of your case. As a former Municipal Prosecutor in more than 20 towns across New Jersey, including several in Burlington County, Attorney [Name] has extensive experience handling DWI cases from both sides of the courtroom. He is certified in Alcotest 7110 administration and trained in National Highway Traffic Safety Administration (NHTSA) standards for field sobriety testing, which allows him to challenge improper procedures that could invalidate the prosecution’s case against you.

DRIVING UNDER THE INFLUENCE – N.J.S.A. 39:4-50

New Jersey law imposes graduated penalties for DWI offenses based on BAC level and prior convictions.

New DWI Laws in New Jersey – CHANGES TO DUI SENTENCING UNDER N.J.S.A. 39:4-50 & 39:4-50.17

As of December 1, 2019, New Jersey enacted changes to DWI sentencing laws under N.J.S.A. 39:4-50 & 39:4-50.17. First-time offenders may now qualify for reduced license suspension periods with the installation of an Ignition Interlock Device. However, there are no conditional or work-related licenses available in New Jersey, meaning any suspension could impact your ability to drive. Challenging the validity of your BAC results or the administration of field sobriety tests can play a critical role in your defense.

The consequences for a conviction prior to and now for an offense occurring after December 1st, 2019 are amended as follows.

• • • First Offense (BAC .08% – .10%): Fines, mandatory alcohol education, and Ignition Interlock Device (IID) installation in lieu of license suspension.
    • First Offense (BAC .10% or higher): 7-12 month license suspension, higher fines, and IID requirement.
    • Second Offense: Mandatory 1-2 year license suspension, increased fines, IID installation, and potential jail time.</li
    • Third or Subsequent Offense: Mandatory 8-year license suspension, 180 days in county jail, and long-term IID
    • requirements.
      

      Subsequent DUI Penalties

      Offense	License  Forfeiture	Fines, fees & surcharges	Prison term	Community service, IDRC & Interlock
      2nd offense within 10 years	1-2 years	$500–$1,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund	48 hours– 90 days	30 days CS 12–48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration
      3rd offense within 10 years of 2nd offense	8 years	$1,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,500/year (for 3 years) surcharge $75 to Neighborhood Services Fund	180 days	Up to 90 days CS (can reduce period of imprisonment) 12–48 hours IDRC* Ignition interlock device during license suspension and 1-3 years following restoration

      While the penalties and potential jail time for second, third, and subsequent DUI offenses remain largely the same, recent changes in New Jersey DWI laws require ongoing scrutiny to identify and leverage every possible defense in your case.

Refusal to Submit To Breath Testing (After December 1, 2019)

First Offense

• $300-$500 Fine
• $106 State Assessments
• Up to $33 Court Costs
• Intoxicated Driver Resource Center time for 12 to 48 hours
• Loss of Driving Privileges until an Ignition Interlock Device is installed
• Ignition Interlock for 9 to 15 months

Second Offense (prior conviction less than 10 years prior)

• $500-$1,000 Fine
• $106 State Assessments
• Up to $33 Court Costs
• Intoxicated Driver Resource Center time in accord with treatment classification (usually 48 hours)
• Loss of Driving Privileges 1 to 2 years following installation of Ignition Interlock Device
• Ignition Interlock during period of license forfeiture and for 2 to 4 years following restoration of driver’s license

Third Offense (2nd conviction less than 10 years prior)

• $1,000 Fine
• $106 State Assessments
• Up to $33 Court Costs
• Intoxicated Driver Resource Center in accord with treatment classification
• Loss of Driving Privileges 8 years following installation of Ignition Interlock Device
• Ignition Interlock during period of license forfeiture and for 2 to 4 years following restoration of driver’s license

If you’ve been charged with DUI or Refusal to Submit to a Breath Test under N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.2, it’s crucial to have an attorney with extensive experience in New Jersey DWI law on your side. With a proven track record of defending alcohol-related driving offenses across the state, Nicholas A. Moschella, Jr. is available 24/7 for a FREE consultation at (609) 875-2775 to protect your rights and fight for the best possible outcome.

UNDERAGE DUI– N.J.S.A. 39:4-50.14

If you’re under 21 and caught driving with a Blood Alcohol Concentration (BAC) of .01% or higher, you can be charged with Underage DUI, also known as “Baby Drunk” in New Jersey. Unlike standard DWI laws, which set the legal limit at .08% BAC, underage drivers face stricter penalties.

A conviction under N.J.S.A. 39:4-50.14 can result in:

• 30 to 90 days of license suspension
• Mandatory fines and penalties as outlined in New Jersey’s DWI statute
• Completion of the Intoxicated Driver Resource Center (IDRC)
• Up to 30 days of community service

Drivers under 17 at the time of the offense will be prohibited from obtaining a license for 30 to 90 days after turning 17. Additionally, if your BAC exceeds .08%, you may also face adult DWI charges under N.J.S.A. 39:4-50.For full details on New Jersey’s Underage DUI laws, visit the New Jersey Motor Vehicle Commission website.
If you or someone you know is facing an Underage DUI charge, call The Law Office of Nicholas A. Moschella, Jr. at (609) 875-2775 for a FREE CONSULTATION—available 24/7.

IGNITION INTERLOCK DEVICE REQUIREMENTS

If you’re convicted of DWI in New Jersey, one of the mandatory penalties is the installation of an Ignition Interlock Device (IID) in any vehicle you own, lease, or primarily operate. This requirement restricts the use of:

• Company-issued work vehicles
• Commercial vehicles
• Job-site vehicles and machinery

For a first-offense DWI, the court may require installation of an IID for:

• The entire duration of the license suspension
• At least 3 months, up to 18 months after reinstatement, depending on BAC level

As of December 1, 2019, IID requirements for drug-related DUI convictions have been removed. However, failing to install or maintain the device can lead to an additional 1-year license suspension and possible county jail time.

IID devices require regular recalibration at approved manufacturer facilities, adding monthly costs on top of court-imposed penalties.

For a full list of state-approved IID service providers, or to discuss your case, call The Law Offices of Nicholas A. Moschella, Jr., LLC at (609) 875-2775 for a FREE CONSULTATION.

SENATE, No. 824

STATE OF NEW JERSEY

218th LEGISLATURE

a.)  The statute signed into law by the governor on August 23, 2019 was enacted under Senate Bill 824. The amendments affect NJSA 39:4-50, NJSA 39:4-50.4a, NJSA 39:4-50.17 and 39:4-50.18.b.)  The Amendments become effective on the first day of the fourth month after enactment (December 1, 2019) and shall apply to any offense occurring on or after that date. (NJSA 39:4-50.18(f)(7)).c.)  There is a sunset provision: “the Act shall expire on the first day of the fifth year next following the effective date.” (NJSA 39:4-50.18(f)(7)).d.)  School zone violations are eliminated for both drunk-driving and refusal under the bills.e.)  Suspension of driving privileges is now referred to as “forfeiture”.f.)  The allowing offense is now predicated upon the defendant allowing the intoxicated operation of a vehicle the defendant “owns or which is in the person’s custody or control“.  Allowing applies to both under the influence of drugs/alcohol and per se violations.g.)  Fines and jail terms are the same as in the current statute.h.)  Ignition interlock devices (IID) apply only to one motor vehicle owned, leased, or principally operated by the defendant, whichever the person most often operates.i.)  IID provisions no longer apply to first offender defendants who drive under the influence of drugs or those who allow drugged operation. These offenders are subject to a first offender license forfeiture ranging from 7 months to one year. (NJSA 39:4-50(a)(1)(ii)).j.)  During of the period of IID installation imposed by the sentencing judge, the defendant may not operate any vehicle that is not equipped with an IID. (NJSA 39:4-50.17(c)).  A notation to this effect will be imprinted on the operator’s license. (NJSA 39:4-50.18(b)).k.)  The defendant shall provide to the court information identifying the motor vehicle on which the ignition interlock is to be installed, and any other information deemed relevant by the court, including, but not limited to, the offender’s complete name, address, date of birth, eye color, and gender. (NJSA 39:4-50.17(c)).

Statement 

This bill decreases the length of driver’s license suspensions for drunk driving and refusing to submit to a breathalyzer test, but increases ignition interlock device requirements for these offenses.      Under current law, the period of driver’s license suspension for first time drunk driving offenders is based on the offender’s blood alcohol concentration (BAC).  If the offender’s BAC is 0.08 percent or higher but less than 0.10 percent, the driver’s license is suspended for three months.  If the offender’s BAC is 0.10 percent or higher, the driver’s license is suspended for seven months to one year.  The driver’s license suspension for refusing to submit to a breathalyzer test currently is seven months to one year.      Under this bill, the three month driver’s license suspension for first time offenders with a BAC of between 0.08 percent and 0.10 is reduced to 30 days.  The seven month driver’s license suspension for first time offenders with a BAC of 0.10 percent or higher is reduced to 45 days if the BAC is less than 0.15 percent and reduced to 90 days if the BAC is 0.15 percent or more. The seven month driver’s license suspension for a first of offense of refusing to submit to a breathalyzer test is reduced from seven months to one year to 90 days under the bill.      Under current law, the installation of an ignition interlock device (IID) is discretionary for first time drunk driving offenders whose BAC is under 0.15 percent; if required by the court, the IID is to be installed in the motor vehicle principally operated by the offender for six months to one year following the license suspension.  First time offenders whose BAC is 0.15 percent or higher are required to install an IID in the motor vehicle they principally operate during the period of suspension, in addition to six months to one year following the suspension.  Installation of an IID also is mandatory for a first offense of refusing to submit to a breathalyzer test; it is required during the period of license suspension and six months to one year after the suspension.      Under the bill, installation of an IID would be mandatory for first time offenders and would be required during the license suspension, as well as following the suspension.  For first time offenders whose BAC is 0.08 or higher and less than 0.10 percent, the required period of installation is three to six months; for a BAC of 0.10 percent or higher but less than 0.15 percent, the installation period is six months to one year; and for a BAC of 0.15 percent or higher the installation period is one year to 18 months.     Under the bill, drivers with multiple convictions of drunk driving or refusing the breathalyzer would be required to install the IID on each motor vehicle they own or operate.      The bill further specifies that a driver may not remove an IID on the date of completing the required period of installation unless the driver provides to the New Jersey Motor Vehicle Commission certification from the manufacturer that, within the final one-third of that period certain conditions were met.  First, the driver is required to certify that there were no attempts to start the motor vehicle with a BAC of 0.08 percent or higher unless a re-test conducted within five minutes of the initial test indicates a BAC of less than 0.08 percent.  The driver also is to certify that there were no failures to take or pass a test with a BAC of 0.08 percent or higher unless a re-test conducted within five minutes of the initial test indicates a BAC of less than 0.08 percent. Finally, the driver has to certify that he or she complied with all maintenance, repair, calibration, monitoring, or inspection requirements related to the IID.  The data from the readings of the IID are to be made available to the sentenced person upon request.      Current law provides for a one year driver’s license suspension for failing to install a required IID.  The bill increases the suspension to 18 months.