As of December 1st, 2019 the DWI laws in New Jersey were changed substantially. In that, now you do not have the automatic loss of your driving privileges as long as you do certain things. The most important thing is you still should have an attorney to go over everything because there are many times that these cases can be defended. Remember, the state of New Jersey has the burden of in the DWI they have to prove beyond a reasonable doubt, that you operated the vehicle while you were under the influence of either alcohol or a drug.
There is a standard regarding blood alcohol reading of 0.08. What that means in effect is the following: If you have a blood alcohol reading of over 0.08, then your presumption is that you were driving the car while you were intoxicated. Our job is to see if we can defend the action regarding various elements that the state has to meet in proving a case beyond a reasonable doubt. One is that you operated the car be that you operated the car in a matter that was that would demonstrate that you were intoxicated at the time that you did operate the vehicle. We defend these cases vigorously. We work with expert witnesses who make sure that everything that the police have to do in order to convict you is done properly.
There are many times where we've been able to make motions because there are various notions that one can make in defending these actions where we have been able to get a good resolution for our client and we have been able to get the client an acquitted of the DWI. Now, I can give you a quick summary regarding the new law. The new law is in effect if you get between 0.8 and one up. That is one level of violation. Between 1.0 and 1.5 is the second level and over 1.5 is the third level. Let me explain, under the new law with an 0.8 to 1.0 you lose your license, but if you get an interlock device you only have to have that interlock device for 30 days. If you get the interlock device you do not lose your right to drive legally in New Jersey. You have to get an interlock license which is a procedural thing that we would explain to you, but the key here is to get the interlock simultaneously to the date that you are in court.
The second element is the 1 over 1.5 there the interlock device is for seven months. So, again if you got the interlock device we could and you get it simultaneously when the case is disposed of a municipal court you really do not lose your driving privilege you have to get a special license and you have to have the interlock device in for at least seven months. Anything over 1.5 though you lose your license, you lose the ability to drive for at least four to six months. Now, those are the primary concerns now there are various things that with the DWI you have to go you get mandatory fines, you get a mandatory insurance surcharge these are very expensive. That is why these cases should be defended vigorously and although they have liberalized DWI laws regarding ultimately taking your ability to drive a vehicle, you should all times get an attorney who is experienced at these matters like we are and we can take care of this for you and guide you through the entire situation to your satisfaction.
Have a suspended license? The process for restoring your New Jersey driver’s license depends on the nature of the infraction that caused the suspension of your driving privileges. Visit us at for more information on restoring your license. https://chamlinlaw.com/blog/restoring-your-new-jersey-drivers-license/
Contact an Experienced Member of our Monmouth DUI/DWI Team
For additional information about the new law and the implications you are subject to, consult with the attorneys at Chamlin, Uliano & Walsh. We have the experience to handle your DWI case, contact the West Long Branch, NJ office at 732-440-3950 or toll-free at 888-328-9131.
