DUI Charge in Belmar NJ
Belmar is one of the most popular nightlife destinations on the Jersey Shore and a hotbed for DWI charges. The area features major clubs like D’Jais and Bar A and is also the host of one of the largest St. Patrick’s Day parades in the nation. It is not unusual for state and local police patrolling Main Street, New Jersey Route 35, State Highway 71 and other roadways in the town to issue as many as one-hundred DWI violations in a year. If you were arrested for DUI or DWI in the borough, call our Belmar Office at 732-681-0080. Our defense team is comprised of multiple former prosecutors who are certified on both the Alcotest and in Standardized Field Sobriety Tests. We are available to discuss your driving under the influence of drugs or other DWI related charge 24/7 and initial consultations are free of charge.
Defending a DWI in Belmar New Jersey
When someone contacts our office about a Belmar driving while intoxicated summons, we undertake an analysis of the case from the point of the initial traffic stop through release from custody. This is important considering that New Jersey does not allow any plea bargaining for DWI offenses. The first thing we want to determine is whether or not there was a reasonable basis for the motor vehicle stop. Assuming that reasonable suspicion/probable cause exists for the encounter, the next thing that must be assessed is whether the police had a proper legal basis to arrest the accused. This typically comes down to an evaluating what happened roadside, including the field sobriety tests that were administered, whether they are among the standardized tests adopted by the National Highway Traffic Safety Administration and whether they were actually failed by our client. Even if all of this evaluation is unfavorable to the accused, the prosecutor must nevertheless have evidence to substantiate intoxication. This usually comes in the form of an Alcotest reading. There are manufacturer’s guidelines that must be followed by police when utilizing this devices, as well as New Jersey Administrative Code requirements. If any of these protocols are violated, they are identified. It should be clear to you that experience and training are crucial on the part of your attorney if you want to have the best chance of identifying and successfully presenting an issue that allow the DWI/DUI to be dismissed.
Penalties If Convicted of a Belmar DWI Offense
For a first offense, you face a mandatory license suspension of 3 months if your blood alcohol concentration (“BAC”) is at least .08% but less than .10%. For first offense DWI cases involving BAC readings of .10% or higher, the period of suspension is 7-12 months. The suspension for a second DWI offense is two (2) years. If you are convicted of a third offense DWI, the revocation is ten (10) years. There is also annual surcharge of $1,000 for a period of three (3) years for a first and second offense. The DMV surcharge escalates to $1,500 per year for a third offense. The jail sentences for DWI can vary depending on prior offenses such as up to 30 days for a first offense, 2-90 days for a second offense and 180 days for a third offense. An individual convicted of DUI also faces fines and mandatory assessments that total at least $800 for a first offense, at least $1,000 for a second offense, and at least $1,600 for a third offense.
Penalties If Convicted Of DWI in Belmar New Jersey
| Nature of Violation | Suspension | Monetary Penalties | Jail | Other Consequences |
|---|---|---|---|---|
| First Offense With BAC of 08% But Less Than .10% | Until Interlock Installed | $250–$400 fine $230 IDRC fee $100 Drunk Driving Fund $100 AERF $1,000 Surcharge Annually for 3 Years $75 Safe Neighborhood Fund $50 VCCB Fund | Up to 30 Days | 12–48 hours IDRC |
| First Offense With BAC of 10% or Higher or Violation Involves Drugs | 4-6 Months | $300–$500 fine $230 IDRC fee $100 Drunk Driving Fund $100 AERF $1,000 Surcharge Annually for 3 Years $75 Safe Neighborhood Fund $50 VCCB Fund | Up to 30 Days | 12–48 hours IDRC Ignition Interlock If BAC 0.15% or higher |
| Second Offense | 1-2 Years | 500–$1,000 fine $280 in IDRC Fees $100 Drunk Driving Fund $100 AERF $1,000 Surcharge for 3 Years $75 Safe Neighborhood Services Fund $50 VCCB | 2-90 Days | 30 Days Community Serv. 48 Hours in IDRC Ignition Interlock During Suspension & 1-3 Years Following Restoration |
| Third Offense | 8-10 Years | $1,000 fine $280 in IDRC Fees $100 Drunk Driving Fund $100 to AERF $1,500 Surcharge for 3 Years $75 Safe Neighborhood Services Fund $50 VCCB | 180 Days Of Which Up To 90 Days May Be Served In An IDRC Approved Inpatient Rehabilitation Facility | Up to 90 Days Community Service Ignition Interlock During Suspension and 1-3 Years Following Restoration |
Belmar NJ DUI Attorneys
As the largest DUI defense firm in New Jersey with an office right in Belmar, we have occasion to represent numerous clients every year in Belmar Municipal Court. We know how the judge and prosecutor handling things and the most effective approaches to success in their court. It also helps that many of our Belmar NJ DWI Attorneys have advanced training in breath and field sobriety testing. To learn what our lawyers can do for you in Belmar, call us at 732-681-0080 for a free consultation.
