Before you resign yourself to a loss of license, you should consult with an attorney that has experience fighting DWI charges. There are many grounds for fighting a DWI ranging from probable cause to the administration of the Alcotest.
As far a loss of license, that will depend on the level of intoxication. Under .10, will earn you a license suspension of at least 3 months, plus two days in the IDRC. Over .10 will earn a suspension of 7 months to one year for a first offense. If he blew above a .15 then an interlock device will be required to be installed on his car for a period once the suspension is up.
Since you mention leaving the country, make sure you do not miss your court date or a warrant for his arrest will be issued by the court.
Call my office if you would like a free consultation. (732) 412-2364.
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Your boyfriend should not have any problem at the border with a DWI charge pending as long as the Hillsborough Court does not issue a warrant for his arrest for failure to appear. Usually Hillsborough calls you in quickly to advise you of your rights and to arrange representation. A private attorney can file an appearance letter and ask to waive your first appearance. Hillsborough is not as lenient as most in this regard but the attorney can appear for your boyfriend and explain the emergency. I have never had a problem with one or the other of these procedures. Also he may be able to skip the next court date as well since that would be a status conference. But figure he will have to show within two months to move the case along. Call with more information and I will provide more detailed answers. I agree with my colleagues do not give up on a defense until all the evidence is examined and avenues explored. if convicted he can lose his license for 3 months or 7-12 months on a first offense. Call one of us.
Your boyfriend is free to travel. He should however, either notify the court that he wishes to have a court date after his return or hire an attorney that can request a court date after you both are back in New Jersey.
As far as how long he will lose his license your question is a bit premature. His case needs to be reviewed by a qualified attorney that understands the DUI laws of New Jersey.
Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all of your rights.
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