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DWI conviction in NJ - BAC over 0.16; alternatives to losing license and/or possibility to appeal license loss?

Princeton, NJ |

Just wondering if you are convicted of a DWI with a BAC over 0.16 is there a way to keep your license? Such as Interlock Ignition for a set amount of time? I'm aware NJ doesn't have any conditional licenses [work license, etc] - but how does one GET to meeting AND pay fines without being able to get to work that's ~30minutes away? (I understand, you must find a way, but merely asking a hypothetical question... Also; should you lose your license - any way to APPEAL the loss to the DMV given certain circumstances that provide a 'NEED' for the privilege of driving to be restored?

Attorney Answers 5

  1. The only way to avoid loosing your license is to fight the charges. There is simply no other option. I agree that the sentence is the equivalent of a jail sentence (with spouse as warden) and its just not fair. But that is the system in place and other than changing the law, there is nothing that I am aware of that can be done.

    And before you get behind the wheel and chance it, you could be charged with a crime punishable with 180 days in jail and whoever gave you access to the car could be charged as well. So whatever you do, do not drive.

    Law Offices of James A. Abate (732) 412-2364

  2. If you are convicted at that BAC your license will be suspended AND an interlock will be installed for a period of time at your expense. The only way to avoid these penalties is by being found not guilty.

  3. There are no conditional licenses in NJ as yet. The legislature is suppose to be working in that direction. But then there is MADD. At that read you get an interlock mandatory anyway. If you can relocate you can create a situation where you can drive everywhere but NJ. There is no appeal for need. I agree with my good friend Mr. Abate you need to fight this charge. Even if you can suppress the readings you reduce the suspension and interlock. Call with more information.

  4. The best way to try and avoid your concerns is to hire an attorney in your area.

    This content is informational only and does not establish an attorney-client relationship.

  5. The only alternative is beating the case. There are often many issues that can be raised and you need to speak to an attorney in your area that is experienced in DUI cases.

    Michael L. Doyle
    Attorney at Law
    (215) 900-5565

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