First Offense DWI: N.J.S.A. 39:4-50

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Montclair NJ First Offense DWI

With offices in Newark, New Jersey

NJ First Offense DWI Lawyer
DWI Charges in New Jersey

NJ drunk driving laws do not discriminate; anyone who is convicted of driving over the legal limit in the State of New Jersey faces life-altering consequences. Even first-time offenders are subject to significant penalties, including jail time, heavy fines, and loss of driver’s license. Worse yet, you probably don’t have much time before trial because New Jersey courts are under intense pressure to resolve DWI cases as quickly as possible

The Tormey Law Firm is dedicated to defending clients against DWI / DUI charges in Bloomfield, Montclair, and everywhere else in Essex County. We have successfully handled thousands of DWI cases. Additionally, our DWI defense team includes a former DWI prosecutor, a retired NJ State Trooper, a criminal defense attorney who is certified on the Alcotest machine used by all law enforcement officers in New Jersey.

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Call the Tormey Law Firm today at 201-654-3464 to discuss your Driving While Intoxicated charges.

First Offense DWI Violations: N.J.S.A. 39:4-50

Impaired driving violations in New Jersey are governed by N.J.S.A. 39:4-50. As set forth by the statute, a person may be charged with a DWI violation when they operate a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or higher.

You can also be charged with a first offense DWI even if you do not register a BAC above the legal limit. For example, if you are suspected of drunk driving and refuse to take a breath test when asked by law enforcement, you can be charged with both first offense DWI and Refusal to Submit to a Breath Test.

Penalties for First Offense DWI in Essex County

The penalties for a first offense DWI violation vary, depending upon your BAC reading.

BAC between .08 percent and .10 percent:

  • Jail: Up to 30 days
  • Driver’s License Suspension: 3 months
  • Fine: $250–$400
  • Motor Vehicle Commission (MVC) Surcharge: $1,000/year for 3 years
  • Alcohol Education Classes: 12–48 hours at the Intoxicated Driver Resource Center (IDRC)

BAC above .10 percent:

  • Jail: Up to 30 days
  • Driver’s License Suspension: 7 months–1 year
  • Fine: $300–$500
  • MVC Surcharge: $1,000/year for 3 years
  • Alcohol Education Classes: 12–48 hours at the IDRC

BAC above 15 percent:

  • Jail: Up to 30 days
  • Driver’s License Suspension: 7 months–1 year
  • Ignition Interlock Device: Mandatory installation on all motor vehicles for 6 months–1 year following license restoration
  • Fine: $300–$500
  • MVC Surcharge: $1,000/year for 3 years
  • Alcohol Education Classes: 12–48 hours at the IDRC

Speak with an Orange NJ DUI Defense Lawyer

The NJ legal system is structured in such a way that it is almost impossible to completely beat DWI charges without the assistance of qualified legal representation. The Tormey Law Firm has the experience and the institutional knowledge needed to fight your first offense DWI charges. We also employ a retired New Jersey State trooper who will review the evidence in your case and draft a report to directly contradict the prosecution’s evidence in court. Call the Tormey Law Firm today at 201-654-3464, or email us to schedule a free consultation about your case.

What our clients say about us

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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Our NJ lawyers represent clients in Belleville, Bloomfield, Caldwell, Cedar Grove, City of Orange, East Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Short Hills, Montclair, Upper Montclair, Newark, North Caldwell, Nutley, Roseland, South Orange Village, Verona, West Caldwell, West Orange, Wayne, Clifton and Paterson. Call us at 201-654-3464 or toll-free at 888-668-1940.


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