Driving while intoxicated (DWI) is a serious traffic offense in New Jersey. If you are convicted, you may face the loss of your driving privileges and even time in county jail. Even though DWI is classified as a traffic offense and not a traditional crime under the law, you still need a skilled defense lawyer to help you deal with the potential "quasi-criminal" consequences. You should hire this attorney as soon as possible after you have been arrested so that you can begin work on your legal defense.

What Is DWI in New Jersey?

You can be charged with DWI in New Jersey anytime that you get behind the wheel when you are intoxicated. Here, intoxication may be presumed when your blood alcohol content (BAC) is 0.08% or greater. You may even be charged with DWI if you are exhibiting symptoms of intoxication, and your blood alcohol content is less than the minimum. You may also be charged with DWI when you operate a motor vehicle under the influence of certain controlled substances or drugs.

Is DWI a Criminal Offense in Blackwood, New Jersey?

DWI is charged and treated as a motor vehicle/traffic offense under New Jersey law, not a criminal one. It is often referred to as a "quasi-criminal" offense because while it does not result in a criminal record, you still face many of the same constitutional protections afforded to criminal defendants, and the potential consequences are severe. You can still go to jail and lose your license for a DWI in New Jersey.

Although you would not be left with a standard criminal record after a DWI conviction, you would still have a serious black mark on your driving record, which can lead to extremely high insurance rates and even the possibility that you may not be able to get a car insurance policy.

What Are the Penalties for a DWI Conviction in Blackwood, New Jersey?

Jail time is always a possibility for any DWI conviction in New Jersey, even if it is your first offense. For an initial DWI conviction, the penalties are tiered based on your BAC:

1st Offense (BAC 0.08% to 0.10%):

  • Up to 30 days in jail.
  • Fines between $250 and $400.
  • License forfeiture until an ignition interlock device (IID) is installed.
  • Mandatory use of an IID for 3 months post-conviction.
  • 12 to 48 hours spent at an Intoxicated Driver Resource Center (IDRC).
  • Additional surcharges and fees (including a $1,000 annual insurance surcharge for three years).

1st Offense (BAC over 0.10% to 0.15% or Drugs):

  • Up to 30 days in jail.
  • Fines between $300 and $500.
  • License forfeiture until an IID is installed.
  • Mandatory use of an IID for 7 to 12 months post-conviction.
  • 12 to 48 hours spent at an Intoxicated Driver Resource Center (IDRC).
  • Additional surcharges and fees.

1st Offense (BAC 0.15% or Higher):

  • Up to 30 days in jail.
  • Fines between $300 and $500.
  • Mandatory license suspension for 4 to 6 months.
  • Mandatory IID use during the suspension period and for an additional 9 to 15 months after license restoration.
  • 12 to 48 hours spent at an Intoxicated Driver Resource Center (IDRC).
  • Additional surcharges and fees.

The penalties escalate significantly for repeat offenses:

  • Second DWI Offense: You must spend at least 48 consecutive hours in jail (up to 90 days). The sentence also includes 30 days of community service, 1 to 2 years of license suspension, and 2 to 4 years of mandatory IID use after restoration.
  • Third or Subsequent Offense: A conviction will result in a mandatory 180 days in jail. This sentence can be reduced by up to 90 days if the offender participates in an approved inpatient drug or alcohol program. Penalties also include an 8 to 10-year license suspension.

In addition, you may face enhanced penalties if there was serious personal injury or a fatality as a result of an accident caused by intoxication, which can lead to criminal charges like Vehicular Homicide.

Can I Negotiate a Plea Bargain for DWI in Blackwood, New Jersey?

Yes, plea bargaining is now explicitly permitted in certain New Jersey DWI cases. A significant change to the law and a 2024 New Jersey Supreme Court Order withdrew the long-standing Guideline 4, which had previously prohibited plea agreements in DWI cases. Now, the prosecutor may recommend a plea agreement under the appropriate factual basis, often in exchange for a guilty plea to the DWI offense with negotiation over the sentence or for a reduced charge in cases with a valid legal or factual defense issue.

There is nothing that says you must plead guilty to a DWI charge, especially when you have sound legal defenses or your rights were otherwise violated.

Can I Defend Against DWI Charges?

You may be able to use certain defenses to fight the charges against you, should you choose to take your case to trial. Relevant defenses in a DWI case may include the following:

  • The initial traffic stop was not made based on the officer’s reasonable suspicion.
  • The police officer lacked probable cause to arrest you.
  • Your rights were violated because the police officer continued to question you after you invoked your right to remain silent or to have your attorney present (Miranda Rights violation).
  • The evidence used against you was faulty, whether it was due to an improperly calibrated breathalyzer device (Alcotest) or a break in the chain of custody for blood test evidence.
  • The State cannot prove the element of "operation" of the motor vehicle.

When Should I Hire a Blackwood DWI Defense Attorney for My Case?

If you have been charged with a DWI offense in New Jersey, you always need legal help. There is simply too much at risk to leave yourself unprotected by not having a lawyer at any stage of your case.

It is practical to hire a lawyer right after you have been arrested because:

  • The prosecutor may try to rush you into a plea bargain.
  • The evidence that can be used to prove your own side of the story may only be available to you for a limited amount of time.
  • Getting early legal help in your case can give you some peace of mind.

DWI cases make their way through the legal system much more quickly than other types of matters, meaning your lawyer needs to begin work immediately.

How Can a Blackwood DWI Defense Lawyer Help Me?

A Blackwood DWI defense attorney can help you in a number of ways, including the following:

  • Evaluating your case early to help you with a legal defense strategy.
  • Counseling you on the law and the legal options that are available to you.
  • Reviewing the evidence against you to determine whether there is any opening to challenge it, including Alcotest maintenance logs and police reports.
  • Communicating with the prosecutor on your behalf, including potentially negotiating a plea deal to resolve the charges against you.
  • Developing a defense strategy should you take your case to trial.

Although hiring a DWI defense lawyer does not guarantee a better outcome in your case, you certainly have a better chance of obtaining the best possible result if you get legal help. You never want to face the legal process alone.

A Blackwood DWI Lawyer at Iannelli Law Will Fight for You

If you have been charged with operating a motor vehicle while intoxicated, speak to a Blackwood DWI lawyer at Iannelli Law. We can work either to obtain a favorable plea bargain for you or to fight the charges filed against you. Schedule a free initial consultation by calling us today at 856-227-2434 or contacting us online. Our office is in Blackwood, New Jersey, and we serve clients in the surrounding areas.