New Jersey DWI: Frequently Asked Questions
If you have been arrested for driving while under the influence (DWI) in New Jersey, it is important that you hire an experienced attorney who understand the state laws and will aggressively take every step to protect your legal rights.
Facing a DWI arrest can be very stressful. You will no doubt have many questions about the process and what you need to do to protect your rights. Although it is best to have these questions answered by a qualified New Jersey DWI attorney, we have provided answers to some of the most frequently asked questions from our clients below.
Can a DWI be dismissed in New Jersey?
In order for you to be charged and convicted on drunk driving charges, the prosecution must have certain evidence. If the state fails to produce the evidence your New Jersey DWI attorney requests, the judge could dismiss the DUI charges brought against you.
If convicted, how long with the DWI stay on my New Jersey record?
New Jersey does not allow for a DWI conviction to be expunged because a drunk driving conviction is classified as a traffic offense rather than a criminal offense in the state. However, the crime will be removed from your record after a period of 10 years.
How much does a DWI cost in NJ?
If it is your first conviction, the fine can range from $250 to $500, depending on your BAC level. A second DWI conviction can cost $500 to $1,000 in fines. A third or subsequent offense comes with an automatic fine of $1,000.
Will a New Jersey DWI conviction show up on a background check?
Since New Jersey law does not recognize a DWI as a criminal offense, but rather only a traffic offense, it does not get reported to criminal databases, such as the NCIC or National Crime Information Center. As such, a DWI will not be discovered during a criminal background check.
Do I need a lawyer for a DWI in New Jersey?
Yes. It will be very difficult to fight and avoid a DWI conviction without an experienced and aggressive New Jersey DWI attorney on your side. Moreover, it is important to note that in most cases NJ courts do not accept plea deals on DWI cases. This means a person must either beat the charge (which will require the help of an attorney) or plead guilty.
Call a DWI Attorney in New Jersey
If you or someone you know has been issued a DWI citation or arrested for drunk driving in New Jersey, an experienced attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
