Can I go to Jail on a DWI in New Jersey? How long will I lose my license for DUI in Nj?
Driving while intoxicated (for more info on DUI click here), also referred to as driving under the influence, is a very serious charge in New Jersey. Technically speaking, DUI is a traffic offense in New Jersey and not a criminal offense. With that being said, a conviction for DWI still carries with it extremely harsh penalties. These include lengthy license suspensions, community service, jail time, high fines and imposition of the ignition interlock device. The majority of states around the country allow for defendants convicted of driving under the influence the ability to obtain a temporary work drivers license so that they can drive to and from work during their license suspension. Unfortunately, New Jersey DWI laws forbid the defendant from obtaining a temporary drivers license.
There are several key factors that can make an already bad situation much worse, they are as follows: high BAC readings, motor vehicle accident, multiple offender and school zone infractions. If you were determined to be driving while intoxicated and you were involved in a motor vehicle accident that involved personal injury, you will almost certainly be charged with assault by auto, which is a felony offense in New Jersey. Further, if someone dies as a result of the accident, you can be charged with death by auto or even aggravated manslaughter.
Just like in a criminal trial in New Jersey, the State must prove beyond a reasonable doubt that the defendant was driving under the influence. Some key trial issues the State may have are as follows: Can they prove beyond a reasonable doubt that the defendant was intoxicated? Did the Officer have what is known as reasonable articulable suspicion to make the initial motor vehicle stop? Is there an operation issue? (Was the defendant the operator of the car) Are the breath test results accurate? Are they inadmissible in Court?
A first offense DWI conviction in New Jersey carries with it a potential for a twelve month loss of your driving privileges. A second DUI conviction carries with it a two year loss of your drivers license and a mandatory two day jail sentence. A third or subsequent conviction carries with it a ten year loss of your drivers license and a mandatory 180 days in jail.
As you can tell the penalties for driving while intoxicated in New Jersey are very serious. If you or someone you know has been charged with a DUI in Bergen County you should seek out a Bergen County DWI defense Firm. The Law Offices of Jonathan F. Marshall is an experienced New Jersey DUI defense firm, we have handled countless DWI offenses in towns like Elmwood Park, Fort Lee, Mahwah, and East Rutherford. We have three attorneys on staff certified in the standardized field sobriety tests; these are tests which the officers conduct to determine if they have probable cause to make an arrest. We also have five attorneys on staff who are certified in administering the Alcotest machine; this is the machine the police use to determine what your blood alcohol level is. If you have any further questions about DWI offenses in New Jersey, please feel free to contact any one of our Bergen County locations for a free consultation with one of our DUI defense attorneys.