New Jersey DWI Attorney John Menzel

Factors And Added Penalties In DWI Cases: A Comprehensive Guide

Factors And Added Penalties In DWI Cases: A Comprehensive Guide Lawyer, Asbury Park CityIn this article, you can discover:

  • An overview of the three tiers of penalties for first-time DWI offenders.
  • Guidance on when to consider pleading guilty or not guilty in a DWI case.
  • A comprehensive look at the long-term consequences of a DWI conviction.

What Are The Added Penalties And Enhancements For Aggravating Factors In A DWI Case?

The biggest aggravating factor in a DWI case is the breath test result itself, which determines the severity of penalties based on blood alcohol levels. For first-time offenders, there are three tiers:

Lower tier (<0.10 or no breath test result): This tier is punishable by fines and a short revocation period during which the person must install an interlock device in their primary vehicle. They must also obtain a physical driver’s license with an interlock restriction imprinted on it.

Middle tier (0.10 to 0.15): This tier has similar consequences as the lower tier but with a 7-12 month interlock period.

Upper tier (≥0.15): This tier involves an initial indefinite revocation period, followed by a definite 4-6 month period and a 9-15 month interlock restriction.

It’s important to consult with an attorney to understand the best course of action based on the specific circumstances of your case.

When Should I Plead Guilty Or Not Guilty In A DWI Case?

Before making a decision on whether to plead guilty or not guilty, you should wait until you’ve seen all the police reports and videos. If the evidence is not strong and your breath test result is below 0.15, you might consider going to trial.

However, if the evidence is overwhelming and you appear visibly intoxicated, the focus may shift to damage control and negotiating the best possible deal. Keep in mind that the decision should be made in consultation with an experienced attorney who can guide you based on the specifics of your case.

Should I Plead Guilty To My DWI And Get It Over With?

Generally, pleading guilty to a DWI is not recommended. There is often no real upside to doing so, and a DWI conviction can have long-term consequences that may not be immediately apparent.

These consequences include increased insurance premiums, mandatory state surcharges, job implications, and potential immigration issues for green card holders. It is crucial to consult with an attorney who can help you weigh the pros and cons of pleading guilty and advise you on the best course of action for your unique situation.

For more information on Aggravating Factors In A New Jersey DWI Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.

John Menzel, J.D.

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