Driving Under the Influence
New Jersey Driving While Intoxicated Ticket (N.J.S.A. 39:4-50)
A person is guilty of Driving While Intoxicated in New Jersey, pursuant to the Statute, if the person "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 person's blood."
The available penalties are severe for pleading guilty or being found guilty of Driving While Intoxicated. These penalties include large mandatory fines, suspension of your driver's license, community service, an interlock device on your vehicle, and potential incarceration.
NOTE: The penalties become more and more severe for each repeated offense and can become more severe depending on your blood alcohol level at the time you were given the ticket.
You should not attempt to represent yourself in a Driving While Intoxicated case. There are potential defenses and mitigating circumstances that could limit your potential penalty exposure. In some situations, depending on the circumstances, it could even result in the dismissal of the case.
⇒ Quick Note on Refusal to Submit to a Breathalyzer:
- In New Jersey, according to N.J.S.A. 39:4-50.2, there is implied consent, if you are arrested for Driving While Intoxicated, that you will submit to a breathalyzer or other chemical test.
- It normally does not help you to refuse to submit to a breathalyzer because there are additional fines and penalties associated with refusing to submit to a breathalyzer.
- A police officer cannot force you to submit to a breathalyzer or other chemical test. However, if you do refuse, you will be given another ticket for the refusal. This ticket may lead to a further suspension of your driver's license and additional fines.
A New Jersey Driving While Intoxicated ticket has serious and severe penalties if you plead guilty or are found guilty. If you are facing a Driving While Intoxicated ticket, or any related ticket, such as Refusal to Submit to a Breathalyzer, you should contact Adam Wiseberg, Esq. at (201) 870-1036 for a free consultation. Adam Wiseberg has years of experience representing clients in New Jersey that have been pulled over for driving while intoxicated, as well as almost all other traffic violations. Adam Wiseberg will work to limit your potential penalties and exposure.
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