Facing A First-Time DWI In New Jersey? Here’s What You Should Do

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In this article, you will discover:

• Immediate steps to take after a first-time DWI arrest in New Jersey.
• Penalties you could face from a DWI conviction.
• Whether you will automatically lose your license for a first-time DWI charge.

What Immediate Steps Should I Take After Being Arrested For A First-Time DWI?

You should speak immediately with an attorney who is familiar with DWI law not a real estate attorney or an estate planning attorney. You want an attorney who specializes in defending people charged with driving while under the influence of alcohol or drugs.

What Court-Ordered Penalties Could I Face For A First-Time DWI In New Jersey?

First-time offense DWI exposes you to a loss of your license for three to 18 months. There are ways to get around that if you own, lease, or customarily operate another vehicle in which an ignition interlock device can be installed for that period. The interlock is highly inconvenient to deal with, but at least it allows you to drive.

For the ignition interlock, you are required to pay state-approved interlock installers. These are independent contractors that charge monthly fees ranging from $65 to $130 a month. But the monthly fee is not the whole story. Providers who charge lower monthly fees often nickel and dime you on installation, de-installation, calibration, and other charges. Other installers may charge a higher monthly payment, but won’t add other charges.

There are also fines the court imposes, ranging from $640 to $890, and a requirement that you attend the Intoxicated Driver Resource Center or “drunk driving school.” That program is either two six-hour sessions, or one 48-hour session.

That agency also has the authority to require that you undergo further education, evaluation, or treatment. It generally does this when your breath test result or blood test result was above a 0.15 or if you have any prior history of alcohol or drug-related convictions.

Finally, if you read the statute, you might think you’re exposed to a jail term of up to 30 days. But that’s very rarely imposed for first-time offenders unless someone dies or is seriously injured as a result of your DWI.

What Other Penalties or Consequences Does A DWI Conviction Impose On A New Jersey Driver?

Merit Rating Plan Surcharge

Separate from court penalties, the New Jersey Motor Vehicle Commission assesses a Merit Rating Plan Surcharge of $3,000 payable in either three annual installments or 36 monthly installments over three years.

Car Insurance Premiums

You can expect your car insurance to go up two to four times the standard rates. That increase in premiums would last for three years beginning when the insurance company becomes aware of the conviction.

Points

There are two different point systems for drivers in New Jersey:

The New Jersey Motor Vehicle Commission Point System

The Motor Vehicle Commission’s system deals with ordinary traffic offenses and whether you’re a safe driver. If you accumulate 12 points, the Motor Vehicle Commission will suspend you, subject to certain administrative conditions. For each year your driving privilege is in good standing and without a point violation, you receive a 3-point credit, until you reach zero.

The Auto Insurance Point System

Parallel to the New Jersey Motor Vehicle Commission system is another point system for insurance purposes. Those points accumulate, but after three years, all the points are erased.

While points for your driving record and the points for insurance parallel each other for the most part, there are significant differences. For example, a DWI results in no driving record points, but there are nine insurance points.

Once you hit nine insurance points, you’re classified as a dangerous driver. That will cause your insurance rates to go up. These points also trigger surcharges of $100 for the first 6 points and $25 for each additional point thereafter during that rolling three-year period.

Your Driving Record

The other consequence of a DWI or other traffic offenses is the classification of these offenses. The good news is DWI is not classified as a crime in New Jersey. It’s neither a misdemeanor nor a felony; it’s a traffic offense. The bad news is that DWI convictions can never be expunged from your record. That can have a negative impact in the future on such things as employment, housing, or education.

How Do Monmouth County Courts Typically Handle First-Time DWI Cases?

Generally, judges in Monmouth County are fair in their handling of DWI cases, but there tends to be a bias favoring the State. Even though the law requires proof of guilt beyond a reasonable doubt for a conviction, the system is structured in a way that can make judges favor the prosecution.

One reason for this bias is that municipal court judges serve only three-year terms. They need to be reappointed by local officials, and since they don’t have tenure, their position can be at risk if there are complaints from law enforcement or others.

Am I Automatically Going To Lose My License For A First-Time DWI In New Jersey?

Losing your license for a first-time DWI is not automatic. You have to be convicted first. To do that, the State must prove:

• The police had reasonable suspicion to stop you
• The police had probable cause to arrest you
• You were operating a motor vehicle under the influence of alcohol or drugs beyond a reasonable doubt

How Does The State Go About Making Its Case For A DWI Conviction?

First, the State must show that there was reasonable suspicion to stop or to come into contact with you. That is, the officer saw what he or she considered to be a moving violation or equipment violation. Or maybe it was a community caretaking function, such as responding to a motor vehicle accident or investigating an anonymous tip.

Probable cause to arrest means that the police officer, based on information available at the time, had a reasonable basis for continuing the investigation by having you give a breath or blood sample.

Because the stop and arrest of individuals is 99 out of 100 times without a warrant, there’s a presumption under the law that questions of reasonable suspicion and probable cause give rise to an adverse inference against the State. Therefore, the State has the burden to prove that they had a reasonable suspicion and probable cause.

Reasonable suspicion and probable cause are preliminary questions, and the State’s burden is not very high. At these pre-trial stages, courts tend to favor the State. While you can challenge reasonable suspicion and probable cause, you’ll probably lose those motions. However, the challenges will give you an idea of how a police officer will testify at trial and allow you to control the timing of the ultimate disposition.

Proving The Elements Of DWI Beyond A Reasonable Doubt

Suppose the State establishes reasonable suspicion for the traffic stop and probable cause to arrest. In that case, the State must then prove the elements of the offense beyond a reasonable doubt. Those elements are straightforward. The State must prove you were:

• Operating the motor vehicle. That doesn’t necessarily mean driving. It means having control over the vehicle coupled with an intent to move it. However, in most DWI cases, the police have witnessed you driving.
• Operating the vehicle under the influence of alcohol or drugs. More often than not, it’s alcohol. The State will attempt to prove that by evidence based on observations, chemical testing, or both.

Proving You Were Driving Under The Influence: Observation And Chemical Testing

The traditional way to prove you were driving under the influence is based on general observation by the police. These are the same observations the police use to establish probable cause to arrest.

However, at trial, the question is different: It’s not whether the police had a basis to investigate, but whether you were intoxicated.

The police officer’s theory will be that you were impaired because of alcohol or drugs. However, the cause of your impairment could have other explanations. You could have been impaired from nervousness, tiredness, distraction, an old injury, sickness, or clumsiness. If all the police have are observations, any of those other explanations for impairment can establish reasonable doubt.

The other method to prove you were impaired by alcohol is a breath test or blood test result showing a blood alcohol content (BAC) above 0.08%. This is called a “per se standard” by which a person is deemed to be impaired regardless of observational evidence. New Jersey uses breath to indirectly measure blood alcohol. If the State established that your BAC is above 0.08 beyond a reasonable doubt, you will be convicted. So more often than not, the focus of your defense is going to be on that breath or blood test result.

Are There Diversion Or Conditional Dismissal Programs Available For First-Time Offenders in New Jersey?

While other states like Pennsylvania or Maryland have programs like accelerated rehabilitative diversion (ARD) and probation before judgement (PBJ), respectively, there are no diversion or conditional dismissal programs for first-time DWI offenders in New Jersey.

Notes From The Field: How Do You Fight Charges and Challenge Evidence In A First-Time New Jersey DWI Case?

It’s essential to try beating DWI charges for first offenders and even second offenders because you may avoid a license revocation if you’re willing to install an alcohol ignition interlock device. There is a very strong likelihood that we can keep you out of jail and minimize the fines, but the most important thing is keeping the conviction off your driving record.

I take more cases to trial than anybody I know. I do this because the downside risk is so well defined that I don’t want to give up the chance that we might win. When I do go to trial, I’ll immediately work to get the breath test thrown out, and this is possible in many cases.

What distinguishes me from other attorneys is that I’ll go to court as many times as it takes. I’ve gone to court as many as 20 times on a DWI just to wear the prosecution down. Half of the battle is showing up, and prosecutors also know I’ll try a case.

Overall, one in 100 DWI cases goes to trial in New Jersey. For me, it’s more like one in five or so. I’d rather take a shot at winning a case unless the prosecution offers a deal that’s advantageous to my client.

Whether you’re a first, second or third-time offender, the elements of the offense and pre-trial motions are the same. The real issue is penalty exposure.

Are There Alternatives To A First-Time DWI Conviction in New Jersey?

Sometimes, factors come into play that will persuade a prosecutor to offer an alternative to DWI. The most significant one would be for people not born in this country and not yet naturalized as American citizens.

A DWI is now a deportable offense, and a conviction makes you inadmissible to the United States. Because of the current federal administration’s policies on immigration, the stakes for immigrants are much higher than for native born or naturalized citizens charged with DWI.

Some prosecutors will take that into account and exercise their prosecutorial discretion. Part of that discretion is whether to offer a plea agreement. If you can show substantial reasons why the punishment wouldn’t fit the crime, the prosecutor may offer an alternative.

Is It Possible To Get My DWI Charge Reduced In New Jersey?

It’s possible. One of the most common companion tickets to a DWI is reckless driving. Ordinarily, reckless driving is a relatively serious offense, but it is difficult to prove beyond a reasonable doubt. However, to issue the ticket, the officer only needs to offer a low level of proof: reasonable suspicion.

The real reason reckless driving tickets are written as a companion to DWI tickets is to give the prosecutor something to plea bargain with. It’s an advantageous fallback position from the DWI, depending on the factual basis. Sometimes, you can craft that factual basis in such a way that it’s either inconsequential or even advantageous to the immigrant and inconsequential for the citizen.

In the final analysis, as serious as reckless driving is, ultimately it’s just another traffic offense. The only enhancements that apply down the road are additional fines if you get convicted again. Theoretically, jail exposure increases as well, but as with DWI, it is extraordinarily unusual for a person convicted of reckless driving to receive a jail sentence.

How Can Hiring An Attorney For A First-Time DWI Early On Help My Case?

You should consult with an attorney as soon as possible to help with the discovery process, which involves obtaining copies of the police reports and video evidence. The law requires that officers videotape their interaction with citizens, and you want to find out what your case looks like.

The problem with the initial consultation is that, while an attorney can give general advice about penalty exposure, elements of the offense, and procedure, both attorney and client will leave that initial consultation with more questions than answers. That’s why you and your attorney go through the discovery process. Once you have the police reports and videos, you have a much more concrete sense of whether it would be best to go to trial or settle for a plea agreement.

Still Have Questions? Ready To Get Started?

For more information on first-time DWIs in New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 226-1146 today.