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Parsippany NJ First Offense DWI Lawyer

DUI Defense Attorneys in Morris County, New Jersey

NJ First Offense DWI Lawyer 39:4 - 50
NJ First Offense DWI Lawyer 39:4 – 50

New Jersey DWI (Driving While Intoxicated) charges are serious. Although a DWI is not considered a criminal offense under New Jersey law, being arrested for a DWI will leave you with a permanent mark on your record. Additionally, the DWI conviction will leave an entry on your NJ Motor Vehicle Commission (MVC) driver’s abstract, which can result in increased insurance rates. These entries can have a lifelong impact on your family, friends, and employment. You need an experienced team of NJ DWI lawyers to fight your DUI charges. With our advanced defense strategies, we can challenge the State and fight to get your DWI charges dismissed.

The Tormey Law Firm is a team of experienced criminal defense and drunk driving attorneys who have been representing clients throughout New Jersey for years. We have represented thousands of clients charged with alcohol-related offenses, including refusal to submit to a breath test, DWI in a school zone, and underage DWI in Mount Olive, Dover, Parsippany, and Morristown. In fact our founding partner, Travis J. Tormey, is one of the few NJ attorneys who are certified Alcotest 7110 operators. The Alcotest 7110 is the breath-testing device used throughout the State. As a result, Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath-testing device. This knowledge and expertise can be used to attack the reliability of the breath-test result in your case.

Here at the Tormey Law Firm, we understand that a DWI charge can happen to anyone. If you or a loved one has been charged with a driving while intoxicated offense in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form.

First Offense DWI in New Jersey: The Statute

A violation for drunk driving (DWI) in New Jersey is governed by N.J.S.A. 39:4-50, which provides, in pertinent part, that for a first offense:

N.J.S.A. § 39:4-50. Driving while Intoxicated (DWI)

(a) Except as provided in subsection (g) [Driving While Intoxicated in a School Zone] of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:

(1) For the first offense:

(i) if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

Penalties for a First DWI Offense in New Jersey

As the above statute stipulates, the legal limit in New Jersey is .08% blood alcohol content (“BAC”) and the the penalties include:

First offense with BAC of .08% but less than .10%, or an officer found you under the influence of alcohol without a BAC reading, or you allowed someone else who was drunk to drive:
  • License Suspension: Three (3) months
  • Fine: $250 to $400
  • Jail: Up to thirty (30) days
  • Intoxicated Driver Resource Center (IDRC): 12-48 hours
  • Mandatory fines and penalties
  • New Jersey MVC Surcharge: $1,000 per year for three years
If your BAC is over .10%, on a first offense, you are facing the following penalties: 
  • License Suspension: Seven (7) months to one (1) year
  • Fine: $300 to $500
  • Jail: Up to thirty (30) days
  • Intoxicated Driver Resource Center (IDRC): 12-48 hours
  • New Jersey DMV Surcharge: $1,000 per year for three (3) years
  • Mandatory fines and penalties
First offense with BAC of .15% or higher:
  • Mandatory ignition interlock device for period of suspension and six (6) months following suspension.

Contact a Mount Olive NJ DWI Lawyer for Immediate Assistance 

Denville Township is centrally located in Morris County and has become known for its DWI checkpoints. With a major highways like Route 80 and Route 46 passing through, Denville police regularly stop motorists for a suspicion of drunk driving. This means that DWI/DUI arrests are not uncommon in Denville, NJ. The key is to seek immediate legal assistance so that you can fight the DWI charges against you.

At the Tormey Law Firm, our DUI attorneys have extensive experience in the courtroom, which has allowed us to develop advanced defense strategies  that we can use to help you beat your DWI charges. One of our firm’s partners, Alissa D. Hascup, is a current municipal prosecutor who regularly handles DWI trials. This gives us an edge in the courtroom because we understand how the other side thinks and we can anticipate the prosecution’s arguments in your case.

If you or a loved one has been charged with a DWI in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form.

The Tormey Law Firm Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400

Morristown, NJ 07960

Areas We Serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mont Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.

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