If you are convicted, you will lose your license. It’s just a matter of how long the suspension will be. The following are maximum penalties for a first offense DWI conviction:
- Up to 30 days jail
- Up to one (1) year license suspension
- Up to a $400 fine
- Up to 48 hrs. in the Intoxicated Driver Resource Center
- $200 Surcharge
- $75 Safe Neighborhood Streets Assessment
- $50 Violent Crimes Compensation Board Fee
- $30 Court Cost
Actually, there are many ways to “attack” a DWI or Refusal charge. The first is to challenge the “stop” of your motor vehicle. To do this your attorney must thoroughly examine the details of the circumstances surrounding the “stop” of your car to determine whether the police officer followed all “constitutional guidelines” as set forth in the United States (federal) and New Jersey (state) Constitutions and all “case law” or prior cases similar to your particular case.
Next, your attorney should examine what “observations” the police officer made of you at the scene of the traffic stop. Did he smell the odor of alcohol? Did he note that your eyes were bloodshot and watery? Did you perform the Standardized Field Sobriety Test okay?
Then, if you submitted to a breath test, your attorney must thoroughly examine the police paperwork or “Discovery” to see if the Breathalyzer was working properly, if the police officer operating the machine was certified to do so, and if he/she operated the machine appropriately when you blew into it.
These are only some of the many ways to challenge a DWI charge.