Howell NJ DWI Defense Law Firm
Make no mistakes about it, you cannot escape a driving while intoxicated conviction unless you and your attorney raise a bona fide issue as to the prosecutor’s abiliy to prove his case. There is no plea bargaining Howell DWI cases since the law prohibits that avenue for downgrading or dismissing a charge. This is why it is so important to obtain representation from a lawyer who is highly experienced in drunk driving, one who knows the law and recognizes the facts and circumstances that lend to an issue. This is precisely what you get with our firm and we can honestly say that there probably is no other firm in the Monmouth County, let alone the state, with the credentials of those at The Law Offices of Jonathan F. Marshall. We have five (5) of the approximately ten (10) attorneys in the state who are dual certified — holding certifications on both the Alcotest Breath Test Machine and in Standardized Field Sobriety Testing (“SFST”). It should also be noted that we happen to employee Matthew Dorry, Esq., who served as the prosecutor in the Howell Municipal Court. You can reach Tom or the other lawyers at the firm anytime 24/7 for a free initial consultation. We hope you find the information on this page of assistance and do not hesitate to contact us for representation or with questions.
First DWI Offense
If it is your first DWI offense, a conviction will result in a mandatory license suspension of 3 months to one year, depending on your blood alcohol concentration (“BAC”) under NJ DWI laws at the time of the arrest. The monetary fines and assessments approximate $650 to $800 but there is also a state DMV surcharge of $1,000 per year for three years. An ignition interlock is discretionary for a first offense except where the BAC is .15% or greater, in which case it is mandatory. Twelve (12) hours must be served in the intoxicated drivers resource center (“IDRC”) and the court can also order up to 30 days in jail for a first offense.
Second Offense
A second DWI results in a mandatory license suspension of two (2) years upon conviction. The fines, assessments and surcharges for a second offense are comparable to a first but the jail provisions are not. You must serve between two (2) days and ninety (90) days in jail for a second offense. The ignition interlock is mandatory as well, as is forty-eight (48) hours in the IDRC.
Third Offense or Greater
A third offense carries a $1,000 fine plus ancillary assessments. The license suspension is ten (10) years. There is a mandatory period of incarceration for a third offense of 180 days.
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 |
Our Experienced DWI Defense Lawyers Can Help You
If you want the best chance of avoiding the significant penalties associated with a conviction, you need to retain a lawyer with the knowledge, experience and muscle to get the job done. We soundly believe that the lawyers on the Howell DWI defense team at our law firm can provide a good option in this regard. Give us a call for an immediate consultation with one of our qualified driving while intoxicated attorneys.