First Offense DWI/DUI Attorneys Passaic County, NJ
Serving Clients Across Paterson, Clifton, Wayne, Little Falls, West Milford, Woodland Park & Passaic County
Driving While Intoxicated (DWI), sometimes known as driving under the influence (DUI), is a serious charge in New Jersey. While DWI charges are not considered criminal offenses, convictions can carry heavy penalties such as jail time, fines, suspended driver’s licenses and more. If you or a loved one has been charged with a first offense DWI, it is highly recommended to seek the services of an experienced legal team to ensure your rights are being protected.
At The Office of Del Sardo & Montanari, our DWI defense attorneys have extensive experience securing reduced and dismissed DWI/DUI charges for clients across New Jersey and Passaic County, including towns like Paterson, Clifton, Wayne, West Milford, Woodland Park, and Little Falls. We treat all our clients with the compassion and respect we would hope to receive when facing such serious charges.
Call our office for a free and confidential consultation regarding your DWI/DUI charges, the unique details of your case, and how we can best serve you.
Driving Under the Influence: N.J.S.A. 39:4-50 Paterson, NJ First Offense DWI/DUI Lawyers
Pursuant to New Jersey Revised Statutes Section 39:4-50 – Driving While Intoxicated, “Driving While Intoxicated” is defined as a person who operates a motor vehicle while intoxicated or under the influence of drugs or alcohol, including liquor, narcotics, hallucinogenic drugs, or other habit forming drugs. An operator with a blood alcohol concentration of 0.08% or higher is considered to be legally under the influence.
It is also illegal to knowingly allow a motor vehicle which you own or have under your custody to be operated by another individual who is under the influence of drugs or alcohol. These two acts of operating a vehicle while intoxicated and allowing another individual to operate a vehicle for which you are responsible while intoxicated carry the same DWI charges and penalties in New Jersey.
Clifton, NJ DWI/DUI Defense Attorneys Discuss Penalties for Driving While Intoxicated
If you or a loved one has been charged with DWI as per the above statute, a first time offense conviction may lead to the following penalties:
First Time offense with Blood Alcohol Content between 0.08% & 0.10%
- Fines ranging from $250 to $400
- Maximum jail sentence of 30 days
- Driver’s licenses suspended for up to three (3) months
- Intoxicated Driver Resource Center detainment between 12 and 48 hours, to be spent during a minimum of two consecutive days at a minimum of six (6) hours per day
- Ignition Interlock device on motor vehicle from six (6) months to one (1) year
First Time offense with Blood Alcohol Content greater than 0.10%
- Fines ranging from $300 to $500
- Maximum jail sentence of 30 days
- Driver’s licenses suspended from seven (7) months up to one (1) year
- Intoxicated Driver Resource Center detainment between 12 and 48 hours, to be spent during two consecutive days at a minimum of six (6) hours per day
- If blood alcohol content exceeds 0.15%, mandatory Ignition Interlock device on motor vehicle for six (6) months up to one (1) year
Little Falls First Offense DWI Lawyers Form a Legal Defense
When charged with a first offense driving while intoxicated (DWI) in New Jersey, there are many steps our West Milford attorneys can take to defend your legal rights. In order for the state to successfully convict an individual of driving under the influence, they must show or have performed all of the following:
- You or the driver of the motor vehicle were stopped legally with probable cause. Police officers are not entitled to pull over a car without a valid reason
- The tests determining your intoxication (including blood alcohol content) were legally administered, correctly administered, and accurate
- You were allowed a 20 minute observation period before the blood alcohol content test was administered. This may seem minor, but it is a legal right in New Jersey and failure to wait the full 20 minutes may be ground for dismissal
- The field sobriety test which was used to initially determine that you or another person was intoxicated was performed legally and correctly. This is a necessary step for law enforcement to determine that you or another person are intoxicated to the point where official blood alcohol tests need to be administered
If any one of these steps was not lawfully executed by law enforcement, your charges may be dismissed or reduced based on an unlawful arrest or inadmissible tests which would have been used as evidence of intoxication. Our Little Falls first offense DWI defense attorneys understand the legal ins and outs of driving while intoxicated proceedings and will work with your individual case to seek the best results.
Contact our Woodland Park Driving While Intoxicated Defense Attorneys Today
At Del Sardo & Montanari, our experienced legal defense team treats all of our cases with the utmost seriousness, whether it is a first offense DUI/DWI or a third offense DUI/DWI. We have successfully sought reduced and dismissed charges for clients across New Jersey towns including Paterson, Wayne, West Milford, Clifton, Woodland Park, Little Falls and the greater Passaic County area. Lean on our experience and history of success to defend your freedoms.
Contact us online or through our Woodland Park office by calling (973) 233-4396 today for a free and confidential consultation with one of our defense attorneys. Find out how we can serve your individual needs and seek reduced or dismissed charges for your driving while intoxicated case.