New Jersey DWI/DUI Defense Attorney

Driving while intoxicated (DWI) and driving under the influence (DUI) attorneys

Our DWI/DUI attorneys represent clients in every municipality throughout the State of New Jersey who were arrested and charged with violations of N.J.S.A. 39:4-50, driving while intoxicated.

If you or a loved one are facing driving while intoxicated (DWI) or driving under the influence (DUI) offenses in any of the municipal courts of New Jersey or the United States Federal District Court for offenses that took place on federal lands, such as Sandy Hook, Fort McGuire, Picatinny Arsenal or Fort Dix, you should seek legal representation immediately. DWIs and DUIs are taken very seriously in municipal courts. In addition to the DWI or DUI summons, law enforcement in New Jersey typically also issues companion summonses that can carry heavy fines, suspension of your driving privileges, community service, and motor vehicle points. Do not go to court without the assistance of experienced counsel. Our attorneys represent clients charged with DWI, DUI, and companion motor vehicle summonses throughout New Jersey. Our experienced and skilled DWI/DUI attorneys are here to help you today! Just call (973) 256-1414 for a free consultation.

What is a DWI/DUI?

A person may be charged with a DWI/DUI if the person operates a motor vehicle in the State of New Jersey 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 defendant’s blood or permits another person to operate a motor vehicle while who is under the influence. In some cases, depending on the situation’s circumstance, the DWI/DUI may be charged as a disorderly persons offense or an indictable crime.

How do we begin?

Our attorneys are available 24 hours a day, 7 days a week. Call us today at (973) 256-1414 or email us at mail@varanolaw.com to schedule a free consultation. If you have been arrested and/or charged with a DWI/DUI in any town, city, village, or borough in the State of New Jersey, we are here to help you fight the DWI/DUI and achieve the desired success.

How will our DWI/DUI attorneys help?

When facing a DWI or DUI in New Jersey under N.J.S.A. 39:4-50, it is the prosecutor’s burden to prove beyond a reasonable doubt that you are guilty. Our attorneys are proactive in preparing your defense by doing the following:

• Scheduling client consultations to gather all facts and evidence necessary to prepare a proper defense.
• Enter an appearance with the municipal court or federal court and a plea of NOT guilty.
• Request that the prosecutor produce any and all evidence against you in their possession.
• Send detailed DWI discovery requests to the municipal prosecutor and/or local law enforcement seeking police reports, Alcotest Influence Reports (AIRs), Computer Aided Dispatch (CAD) reports, repair records, testing certificates, police surveillance from the patrol car, body-worn cameras, and police station.
• In some cases, we will also discuss the necessity of retaining an alcotest expert. Given that the New Jersey Alcotest is a machine, machines can have problems and may not have functioned properly prior to you giving your breath test. Law enforcement must comply with both New Jersey statutes and case law in administering these exams.
• Our attorneys will review all evidence and information and look for inconsistencies in the police records and discovery provided by the state.
• Our attorneys will go to trial on your cases. If the state is not willing to dismiss your charges or provide a reasonable offer, we have the requisite experience to go to trial on your behalf.

The penalties for DWI/DUI can be harsh

First offense DWI with a Blood Alcohol Content (BAC) between 0.08% and 0.10%

• fines between $250-$400
• up to 30 days in jail
• license suspension indefinitely until you have an ignition interlock installed on all vehicles registered in your name
• 30 days of the ignition interlock device installed in your vehicle(s)
• 12 to 48 hours in the Intoxicated Drivers Resource Center
• Automobile insurance surcharges of $1,000 per year for three years

First offense DWI with a Blood Alcohol Content (BAC) between 0.10% – 14%

• fines between $300-$500
• up to 30 days in jail
• license suspension indefinitely until you have an ignition interlock installed on all vehicles registered in your name
• 7 to 12 months of the ignition interlock device installed in your vehicle(s)
• 12 to 48 hours in the Intoxicated Drivers Resource Center
• Automobile insurance surcharges of $1,000 per year for three years

First offense DWI with a Blood Alcohol Content (BAC) between 0.15% and higher

• fines between $300-$500
• up to 30 days in jail
• license suspension 4 to 6 months after you have an ignition interlock installed on all vehicles registered in your name
• 9 to 15 months of the ignition interlock device installed in your vehicle(s)
• 12 to 48 hours in the Intoxicated Drivers Resource Center
• Automobile insurance surcharges of $1,000 per year for three years

First offense DUI for driving while under the influence of narcotics, hallucinogenics, or habit-producing drugs

• fines between $300-$500
• up to 30 days in jail
• license suspension 7 to 12 months
• 12 to 48 hours in the Intoxicated Drivers Resource Center
• Automobile insurance surcharges of $1,000 per year for three years

Second offense DWI

• Fines between $500 and $1,000
• 30 days of community service
• 48 hours in jail
• Suspension of driving privileges for a period of not less than one year or more than two years
• Installation of the ignition interlock device for 2 to 4 years
• 48 hours in the Intoxicated Drivers Resource Center
• Automobile insurance surcharges of $1,000 per year for three years

Third offense DWI

• Fines of $1,000
• Mandatory 180 days in county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Drivers Resource Center
• Loss of driving privileges for a period of eight (8) years
• Intoxicated Drivers Resource Center determined on a case-to-case basis
• Mandatory ignition interlock device for 2 to 4 years (in addition to the period of license suspension imposed by the Court)
• Automobile insurance surcharges of $1,000 per year for three years

What to do if charged with a second or third offense  

A person previously convicted of prior DWI offenses may benefit from a ten-year step down, which will eliminate a prior DWI for sentencing purposes. If more than ten years have passed since your prior DWI charge, you will benefit from a step down for sentencing purposes. For example, if you get a DWI in 2021 and it is your third offense, it may be counted as a second offense if your second offense occurred more than ten years prior to the new offense.

Schedule an appointment with our office today

If you or a loved one are facing DWI/DUI charges in New Jersey, you need to seek legal assistance as soon as possible. These charges come with a range of consequences that could negatively impact your life. At the Law Offices of Steven A. Varano, P.C., we thoroughly understand the law related to intoxicated driving charges and can aggressively and effectively defend you in court. You can contact us for a free consultation by clicking here or calling (973) 256-1414.