Essex County DUI & DWI Attorney.

If you’re charged with DWI in Essex County, NJ - whether in Newark, East Orange, Montclair, Cedar Grove, the Oranges, or anywhere in the county - the first thing you should know is that you are not facing a criminal charge like shoplifting or fraud. Driving while intoxicated (DWI) is a traffic offense in this state: not a Title 2C “crime,” but rather a violation under Title 39 of New Jersey statute, N.J.S.A. 39:4-50. The procedures are different: there is no grand jury indictment, and no jury. Your case will be heard by a municipal court judge in the town where you were stopped. You will not have a criminal conviction on your record, but the penalty can be serious. You may be looking at jail time, loss of your license, steep fines, and an ignition interlock. So it is important to find a good DWI lawyer to protect your interests.

In New Jersey, a DWI conviction can be proven in two ways. When a chemical test is used, the State must prove one of two things: (1) that you drove with a breath alcohol concentration (BAC) of 0.08% or more, or (2) that the amount of alcohol in your system impaired your ability to drive. Additionally, it is possible to prove DWI by signs of intoxication, without BAC evidence. So if you refuse to submit to breath or blood testing (which carries its own penalties), the officer can testify about his or her observations of you at the time. Signs of impairment that could be found to support a conviction for DWI are slurred speech; inability to perform a field sobriety test; unusual driving. N

New Jersey also makes it illegal to operate a motor vehicle while under the influence of intoxicating drugs. The statute does not require proof of specific quantity or percentage. Moreover, DWI encompasses prescription drugs: you cannot drive when under the influence of even prescription medications, if they affect your physical coordination, your judgment, or your mental faculties.

Penalties

A first DWI conviction in New Jersey can result in up to 30 days in jail, a fine, and mandatory participation in an alcohol education program. Fines and other costs are steep, and the MVC surcharge is $1,000 yearly for three years. Penalties increase with alcohol concentration. A first offender at 0.08 to 0.10% BAC is subject to an ignition interlock for three months. For a first offender under 21, the legal limit is 0.01%.

Refusing the breath test: In New Jersey, refusal to submit to breath testing is a separate offense, with fines between $300 and $500 for a first refusal and a driver’s license suspension until an interlock is installed.

New Jersey takes a dim view of multiple DWI offenses. In New Jersey, the look-back period for DWI is ten years. A second DWI conviction can send you to jail for 48 hours to 90 days, with a $500 to $1,000 fine. A second-offense sentence can include community service; your license is forfeited one to two years. A third offense can mean up to 180 days in jail and a $1,000 fine. Third time, your license is forfeited for eight years; inpatient treatment can reduce the jail time up to 90 days.

You should know that a DWI arrest that began with a motor vehicle stop can result in additional, more serious charges. Serious injury or death can elevate the charge to assault by auto or vehicular homicide, which are Title 2C crimes; they are heard in Superior Court and can mean time in prison. If you drive with a license that was suspended for a previous DWI conviction, it’s not simply another motor vehicle ticket: it is a crime under N.J.S.A. 2C:40-26. Punishment is mandatory jail time: it is at least 180 days, with no parole.

A DWI Will Show up in a Driving Record

Even though drunk driving is not a crime, a DWI will show up in a driving record. In New Jersey, motor vehicle convictions, unlike crimes, do not get removed from your record.

New Jersey DWIs can show up in certain employment background checks, and they may get more scrutiny when you seek work that requires driving, or professional jobs like teaching, law, health care. Commercial licenses (CDL) are imperiled by a drunk driving conviction. Driving a commercial vehicle with a BAC of 0.04% is illegal. The first DWI conviction can disqualify a CDL holder for a year; a second can disqualify the driver for life.

Plea Bargaining

For years, DWI was not subject to plea bargaining. In February 2024, the state supreme court said plea deals are allowed in such cases if the prosecutor recommends the deal. The option is with the prosecutor. Alternatively, if you believe your rights were violated or if you believe the prosecution cannot prove the charge, you can plead not guilty and fight the charge.

If you cannot afford a lawyer, contact the court clerk to apply for a municipal public defender. Expect to pay a maximum of $200 to apply, though the court may waive your fee.

A municipal court verdict may be appealed to the Law Division of the Superior Court. Such appeals usually depend upon the municipal record. It is very important to file the appeal on time. Whatever the circumstances, notice of the appeal must reach the municipal court within 20 days after judgment.

The threat of a drunk driving conviction can be intimidating. Think over the circumstances of your arrest. When you talked to the officer, what did he or she say? Did you take the breath test? These questions may lead you to think of others. The best thing is to contact an experienced lawyer for a consultation and advice, as soon as possible, about how you should proceed.