Passaic County
DWI Lawyer
Passaic County DWI Attorney
Driving while intoxicated (DWI) is illegal, and it puts drivers, their passengers, and anyone on the road in danger. If you are convicted of a DWI, you can face significant fines, time in jail, driver’s license suspension or revocation, and a permanent criminal record that can impact many future opportunities.
It can be very overwhelming to face a DWI arrest or charge. In addition to criminal penalties, you may be facing civil penalties if anyone was hurt. A conviction for a DWI also comes with significant professional and personal consequences. The most effective way to avoid the worst of these penalties and consequences is by working with a knowledgeable Passaic County DWI defense attorney.
DWI Defense in Passaic County
Reliable legal counsel is essential to finding the ideal outcome for your Passaic County case. An attorney can examine your situation to determine how to mitigate or eliminate the DWI charges against you. At the Law Offices of Robert Tsigler, PLLC, we have a learned understanding of New Jersey DWI laws and defense strategies. We know that you likely feel stressed and overwhelmed when facing the criminal law system, and we want to help you by providing you with strong legal support and a clear understanding of your situation. We have aided many individuals facing DWI offenses in Passaic County, and we want to protect your rights and determine the ideal outcome for your case.
What Is a DWI in Passaic County?
DWI refers to driving under the influence of alcohol, controlled substances, and any other impairing drugs, including prescription drugs. In New Jersey, a driver can be arrested for a DWI for either:
- Having a blood alcohol content (BAC) of 0.08% or greater
- Being under the influence of a substance to the point that it negatively impairs their ability to operate a vehicle
Under these state laws, you don’t need to have a BAC of 0.08% to be arrested and charged with a DWI. If you are convicted of a DWI, you face significant criminal penalties, which increase with subsequent offenses and other aggravating factors.
DWI Penalties in Passaic County
The penalties for a DWI rely on each individual case. The maximum or mandatory penalties for an offense depend on the driver’s BAC, the number of prior DWI offenses, and other aggravating factors.
A first DWI offense with a BAC above 0.08% and under 0.10% may result in:
- Fines between $250 and $400
- Up to 30 days in jail
- Installation of an ignition interlock device (IID) for a minimum of 3 months
- License suspension until the IID is installed
- Two six-hour days in an Intoxicated Driver Resource Center (IDRC)
- A car insurance surcharge of $1,000 each year for up to 3 years
If the driver’s BAC was between 0.10% and 0.15%, the following penalties change:
- Fines are now between $300 and $500
- An IID is required for 7 months to 1 year
When a driver has a BAC over 0.15%, the following penalties change:
- License suspension is required for 4 to 6 months
- An IID installation during license suspension and for 9 to 15 months after license restoration
A second DWI offense results in:
- Fines between $500 and $1,000
- A minimum of 48 hours in jail, up to 90 days
- Minimum license suspension for 1 to 2 years
- IID installation during license suspension and for 2 to 4 years after license restoration
- Completion of program requirements in an IDRC
- 30 days of community service
- A car insurance surcharge of $1,000 each year for up to 3 years
A third DWI offense results in:
- A fine of $1,000
- 180 days in jail, with up to 90 days that can be substituted in an IDRC treatment program if the court allows
- Minimum license suspension of 8 years
- IID installation during license suspension and for 2 to 4 years after license restoration
- Completion of program requirements in an IDRC
- 30 days of community service
- A car insurance surcharge of $1,500 yearly for up to 3 years
These penalties increase further if the driver caused an accident, and if anyone was seriously injured or killed, the driver may face felony charges.
Why Do I Need a Passaic County DWI Defense Attorney?
When you are charged with a crime, you have the right to legal representation. Facing a DWI charge alone is never a good idea, as you are more likely to face the full consequences and penalties of your conviction. Beyond criminal penalties, a criminal record can prevent you from future job, housing, and educational opportunities. An experienced attorney is your greatest chance at avoiding a conviction or limiting the penalties. An attorney brings several effective skills to a DWI case, including:
- Experience with DWI cases, laws, and courts
- Familiar and respectful relationships with local courts, judges, and prosecutors
- Understanding what makes a strong DWI defense
- Experience and success in litigation
- The ability to negotiate with the prosecutors
- Understanding how to protect a driver’s rights
- Resources and access to more evidence and experts
It’s essential that you find an attorney who has worked on DWI cases like yours before and understands the legal requirements and potential issues in your case. An attorney can help you get a full and accurate picture of your case so that you can understand your rights and legal options.
What Evidence Is Important in a DWI Case?
Certain types of evidence can be used to strengthen a defense, depending on your unique arrest and other surrounding circumstances. An attorney can help you determine what evidence is relevant to your case. Some essential evidence may include:
- Lab reports. Breathalyzer and blood test results are important, as they may have inaccurate readings or were produced by improperly calibrated machines. These documents can also challenge prosecutorial evidence.
- Medical records. A driver may have a health condition or take a medication that prevented them from passing a field sobriety test or altered the results of a chemical test.
- Recording of the event. Video and audio footage of the arrest or of the driver can provide essential, impartial evidence of the driver’s behavior and the officer’s arresting procedure.
- Witness testimony. Individuals who witnessed the driver prior to or during the arrest can provide insight into the driver’s behavior and level of impairment.
- Arresting officer’s report. If the report does not provide probable cause to pull the driver over, this may lead to the charges against the driver being dismissed.
DWI Attorneys FAQs
Q: Should I Get a Lawyer for a DUI in New Jersey?
A: It is highly recommended that you secure reliable criminal defense counsel if you are facing a DWI charge in New Jersey. Without legal counsel, you will have to argue your own case against state prosecutors. An attorney understands the local and state laws that apply to your case and what defenses are applicable. A DWI defense attorney has handled many DWI cases and knows the requirements to prove one. They can use their experience to create a strong defense. The most effective way to lower or eliminate the penalties of a conviction is to hire an effective legal defense.
Q: How Do You Beat a DWI in New Jersey?
A: The exact method of defense in a New Jersey DWI case will depend on the unique circumstances of your arrest and actions. A strong DWI defense may be:
- The breathalyzer was improperly calibrated, and the results were inaccurate.
- A driver’s medical condition or medication provided a false positive on a breathalyzer, other chemical test, or even a sobriety field test.
- The arresting officer did not have probable cause to pull the driver over.
- The individual was behind the wheel but didn’t operate the car.
An attorney can review the case to determine what the most effective legal path is to mitigate your charges.
Q: What Are the Penalties for a First DWI Offense in New Jersey?
A: The penalties for a first DWI offense in New Jersey vary based on mitigating or aggravating factors present in the case, including the driver’s blood alcohol content (BAC) and whether they caused an accident and any injuries. If a driver is arrested with a BAC between 0.08% and 0.10%, a conviction results in the following penalties:
- $250 to $400 in fines
- Up to 30 days in jail
- License suspension until an ignition interlock device (IID) is installed
- IID in the driver’s vehicle for a minimum of 3 months
- Mandatory participation in a court-approved drug treatment or educational program
If the driver’s BAC is between 0.10% and 0.15%, fines may increase up to $500. A BAC higher than 0.15% is an aggravated offense, with a mandatory license suspension.
Q: Can You Drive After a DWI in New Jersey?
A: After a first-offense DWI conviction in New Jersey, it’s possible that a driver will still be able to drive. If there were no aggravating factors, a first offense requires the installation of an ignition interlock device (IID), which requires a breathalyzer test to drive. Until the IID is installed, the driver’s license is suspended. However, if there were aggravating factors, such as a high blood alcohol content or repeat offenses, a license suspension is required.
If you have been charged with DWI/DUI, contact an aggressive Passaic County criminal defense attorney at 718-878-3781. Begin your case with a consultation!
Work With the Law Offices of Robert Tsigler, PLLC
At the Law Offices of Robert Tsigler, PLLC, we have had years of experience in criminal defense and DWI defense law in Passaic County and the surrounding communities. Let us defend your rights and achieve the most ideal outcome for your DWI case. Contact our team today to review your case.
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Getting representation as soon as possible following any DWI or DUI-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Passaic County DWI lawyer can successfully defend your case.
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