Charged with a DWI?

NJ DUI Stops You just had a drink or two. You didn’t feel like you were intoxicated and felt fine to get behind the wheel. But the police officer that pulled you over thought otherwise. And now, you are facing charges for driving while intoxicated (DWI). A DWI is regarded as a serious traffic offense in the state of New Jersey and it accompanies severe penalties and consequences.

Defense Attorney Dan Matrafajlo Can Help.

If you or a loved one is facing DWI charges, you need to immediately consult with a New Jersey drunk driving lawyer. The legal team at the Law Offices of Dan T. Matrafajlo has the experience and resources needed to protect your legal rights and dismiss, or at least reduce, the DWI charges you are facing.

Driving Under the Influence of Alcohol In New Jersey

Section 39:3-50 of the New Jersey Statutes addresses operating a vehicle while under the influence of alcohol or any other controlled substance. DWI charges are regarded as serious traffic offenses and heard in the Municipal Court of the city in which your offense allegedly took place.

While the most common DWI charge is for drunk driving, you may also face charges for driving under the influence of habit-producing drugs, such as narcotics and hallucinogenic. The only difference is that there is no minimum level of drugs that you must have in your system to be considered “under the influence.” In other words, any amount that impairs your ability to drive is enough for you to be arrested for a DWI.

The Fines and Penalties of a DWI in New Jersey

Penalties for a DWI under New Jersey law vary depending on how high your blood alcohol content (BAC) was at the time of your arrest and whether you have any prior history of drunk driving charges. A person is guilty of driving under the influence of alcohol when he/she operates a motor vehicle with a BAC level of at least .08%. The .08% BAC limit is considered a per se violation under N.J.S.A 39:4-50.  Below is a list of penalties the Court will impose for any individual found Guilty of driving a motor vehicle with a BAC of .08% or greater: 

1st Offense 

BAC level is greater than 0.08 percent, but less than 0.10 percent:

• $250- $400 Court fine upon Guilty finding
• Imprisonment up to 30 days (rarely imposed)
• Loss of driver’s license until ignition interlock is obtained and installed into your registered vehicle for a period of 3 months.
• Mandatory participation in the Intoxicated Driver Resource Center program (IDRC) for 12-48 hours.
• 3 years of State Surcharges of $1,000.00 per year (paid after conviction and not to the Court)

BAC level is greater than 0.10 percent, but less than 0.15 percent:

• $300- $500 Court fine upon Guilty plea or sentence
• Imprisonment up to 30 days (rarely imposed)
• Loss of driver’s license until ignition interlock is obtained and installed into your registered vehicle for a period between 7 to 12 months
• Mandatory participation in the Intoxicated Driver Resource Center program (IDRC)for 12-48 hours
• 3 years of State Surcharges of $1,000.00 per year (paid after conviction to the State).

2nd Offense 

BAC level is greater than 0.08 percent

• $500- $1,000.00 Court fine upon Guilty plea or sentence
• Imprisonment for at least 48 consecutive hours, and up to 90 days (potentially could be served in IDRC)
• Loss of N.J. driving privileges for at least 1 year up to 2 years.
• 30 days Community Service
• Evaluation and Completion of Intoxicated Driver Resource Center program (IDRC)
• Ignition Interlock Installation for 2 to 4 years after restoration of NJ Driver’s License
• 3 years of State Surcharges of $1,000.00 per year (paid after conviction to the State)

3rd or Subsequent Offense 

BAC level is greater than 0.08 percent

• $1,000.00 Court fine upon Guilty plea or sentence
• Imprisonment for at least 180 days (6 months), except the Court can credit 90 days of Imprisonment if served in an Impatient rehabilitation Center that is approved by Court
• 8 years of N.J. Driver’s license suspension.
• 30 days Community Service
• Evaluation and Completion of Intoxicated Driver Resource Center program (IDRC)
• Ignition Interlock Installation for 2 to 4 years after restoration of NJ Driver’s License
• 3 years of State Surcharges of $1,500.00 per year (paid after conviction to the State)

$300 – $500 fine Loss of driver’s license for 7-12 months Mandatory participation in the Intoxicated Driver Resource Center program Court has discretion of imposing a prison sentence for a maximum of 30 days Just because you were arrested for a DWI, it does not mean that you will automatically face these serious penalties and consequences. To protect your legal rights, you must contact an experienced New Jersey DWI lawyer immediately.

Recent DWI Cases Dismissed:

Dan Matrafajlo gets results and he will fight for you. Here are some of our recent DWI case results:

State v.J.B. Resolution date: November 18, 2013.

1st offense DWI with a BAC level of .12 DISMISSED, NJSA 39:4-97 CARELESS DRIVING-2pts, DISMISSED, NJSA 39:3-40, Driving on the Revoked List, DISMISSED, N.J.S.A 39:4-50.14 (Operation of a Motor Vehicle by a person who consumed alcohol but is under the legal age) GUILTY (30 days loss of New Jersey Driving privileges–NO STATE SURCHARGES).

State v.H.C. Resolution date: October 28, 2013.

2nd offense DWI with a BAC level of .19% including a head-on collision–DISMISSED, CARELESS DRIVING-2pts, GUILTY (30 days loss of New Jersey Driving privileges).

State v.Z.E. Resolution date: May 23, 2013.

1st offense DWI (N.J.S. 39:4-50) DISMISSED, Failure to Maintain Lane (N.J.S. 39:4-88b) DISMISSED, Reckless Driving (N.J.S. 39:4-96) AMENDED TO CARELESS DRIVING-2pts, Refusal to Submit (N.J.S. 39:4-50.2) GUILTY, Tinted Windows (N.J.S.A. 39:3-74)DISMISSED.

State v.W.S. Resolution date: April 4, 2013.

1st offense DWI with a BAC level of .16% DISMISSED.

DWI Charges May Impact Your Auto Insurance

A conviction for a DWI may also impact your automobile insurance premiums. A conviction or a guilty plea for drunk driving will result in 9 insurance points on your driving record. Insurance companies use these points, which are different than the Motor Vehicle Commission points for most driving offenses, to determine eligibility and the rate of your insurance premiums.

Getting too many points on your record may result in the cancellation of your policy, your inability to get new coverage, or a significant hike in your current policy premium. If you cannot obtain insurance coverage through any conventional company, you will be forced to purchase insurance through the more expensive New Jersey Personal Automobile Insurance Plan (NJPAIP).

Why You Need to Contact a New Jersey DWI Attorney

A DWI arrest and conviction can seriously impact all aspects of your life. As such, if you have been arrested for drunk driving and facing DWI charges, it is imperative that you immediately contact a New Jersey DWI lawyer who has the experience and resources to protect your legal rights.

The legal team at the Law Offices of Dan T. Matrafajlo can help dismiss your DWI charges or at least reduce the charges to minimize the resulting penalties as much as possible. Call us today for a Free Consultation at 908-248-4404′

DUI Defense Testimonials from Our Clients:

Dan has been my attorney for approximately 6 months, the length of my DWI case. I’m extremely happy with Dan’s legal services. He answered all my questions, but more importantly, we won the case. When I was initially charged with a DWI I assumed I was going to be found guilty, especially since I was involved in an accident and charged with leaving the scene as well. Even with those circumstances Dan had me acquitted–based on some legal technicality. Dan will be my attorney for life!

– Thomas L.

Never in wildest dreams did I think I would have been cited for a DWI Thanks Dan for getting me off…

– Chris

Call Us Today – Dan Will Fight for You!

DWI Defense Attorney If you or a loved one was arrested for a DWI in New Jersey, call DUI defense lawyer Dan Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you.

Mr. Matrafajlo has the experience in New Jersey municipal courts that you need. He has been recognized locally for his legal ability and named a SuperLawyers Rising Star by his peers. Dan has the knowledge and skill to prepare the best strategy and present the best evidence at your DUI bench trial to increase the likelihood of dismissing the DUI charges against you.

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