Denville First Offense DWI Lawyer
Drunk Driving Defense Attorneys in Morris County, New Jersey
If you have been arrested and charged with a DWI in Morris County NJ, we can help. New Jersey DWI (Driving While Intoxicated) charges are serious. Although a DWI is not considered a criminal offense under New Jersey law, the penalties can rival those associated with a criminal conviction. Additionally, the DUI 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. If you are facing charges for a first offense DWI in Morris County, you need an experienced team of New Jersey DWI lawyers to fight your 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 drunk driving defense 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 Roxbury, Mount Olive, Dover, Parsippany, Morristown, and throughout Morris County. 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 in the vast majority of DWI cases. 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 driving under the influence in Morris County or elsewhere in New Jersey, contact our Morristown offices anytime at (908) 336-5008 for a free consultation about your case.
First Offense DWI in New Jersey: N.J.S.A. 39:4-50
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 have an interlock device installed for three (3) months
(ii) if the person’s blood alcohol concentration is 0.10% or higher but less than 0.15%, 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;
in the case of a person whose blood alcohol concentration is 0.10% or higher but less than 0.15%, the person shall forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
in the case of a person whose blood alcohol concentration is 0.15% or higher, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than four months or more than six months following installation of an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
Penalties for a First DUI Offense in NJ
As the above statute stipulates, the legal limit in New Jersey is .08% blood alcohol content (“BAC”) and the the penalties include:
Note: These are the new DWI penalties which are effective December 1, 2019.
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: until ignition interlock device has been installed in your vehicle
- Fine: $250 to $400
- Jail: Up to thirty (30) days
- Ignition Interlock Device: 3 months
- 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% but less than .15%, on a first offense, you are facing the following penalties:
- License Suspension: until ignition interlock device has been installed in your vehicle
- Fine: $300 to $500
- Jail: Up to thirty (30) days
- Ignition Interlock Device: between 7 months and 1 year
- Intoxicated Driver Resource Center (IDRC): 12-48 hours
- New Jersey DMV Surcharge: $1,000 per year for three (3) years
- Mandatory fines and penalties
For a First offense with BAC of .15% or higher, the penalties include:
- License Suspension: 4 to 6 months
- Fine: $300 to $500
- Jail: Up to thirty days
- Ignition Interlock Device: between 9 months and 15 months
- Intoxicated Driver Resource Center (IDRC): 12-48 hours
- New Jersey DMV Surcharge: $1,000 per year for three years
- Mandatory fines and penalties
Contact a Denville First DUI Lawyer for Immediate Assistance
At the Tormey Law Firm, our DUI attorneys have extensive experience in the courtroom, which has allowed us to develop strategic defenses that we can use to help you beat your DWI charges. One of our attorneys used to prosecute DWI’s for the State of New Jersey. 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 Randolph, Montville, Chatham, Madison, Mendham, or elsewhere in Morris County, New Jersey, contact the Tormey Law Firm at (908) 336-5008 for additional information from an experienced Morris County DWI defense lawyer.