DWI and Field Sobriety Tests
NEW JERSEY MAN IS CHARGED WITH DWI AFTER SEARCHING FOR HIS VEHICLE
September 22, 2017 DUIA New Jersey man was charged with a DWI after he went to the Belle Mead township police station to find his car. He thought the car was towed by the police department, so he used a friend's car to go there. After his arrival at the police headquarters, he showed symptoms of intoxication.
He was given sobriety tests like those used in the field. His BAC level was above the legal limit, so he was then arrested for DWI. In addition, he was charged with failure to exhibit his driver's license, failure to comply with restrictions on his license, and failure to install the ignition interlock device on his vehicle.
The report doesn't provide information about what happened to the man's vehicle. He was released to a friend's custody.
Because the man was charged with "failure to install an ignition interlock device," he may have been previously arrested for drunk driving. His BAC was at least above the legal limit in New Jersey (0.8 percent). That's the legal threshold for a DWI charge. His history of previous DUIs no doubt played a role in the police's decision to charge him.
DUIs/DWIs are considered "traffic offenses" in New Jersey, but convictions may carry significant legal consequences:
o For a first offense DWI, (assuming a BAC of 0.8 to 1.0 percent) the driver faces loss of driving privileges for three months, a minimum of 12 hours and a maximum of 30 days in jail, $250-$400 in fines, a yearly auto insurance surcharge of $1,000 for the next three years, plus additional fees/surcharges of $525+. The driver may be required to install the ignition interlock device for six to 12 months. He or she will be subject to a substance abuse or alcohol abuse assessment, two days (six hours each) of classes at a New Jersey "Intoxicated Driver Resource Center." (IDRC)
o If the driver has a BAC of greater than 0.10 percent, he or she faces a longer driver's license suspension and higher fines. He or she faces a loss of driving privileges for a minimum seven-month to 12-month period, $300-$500 in fines, and additional penalties, as above.
o Even a first-time DWI conviction is quite costly. New Jersey assesses "associated expenses" and "surcharges," including drunk driving enforcement fund ($100); court cost (up to $33); Safe Neighborhood Service Fund ($50); doctor's fee (up to $20); additional assessments ($6); Driver's License restoration charge ($100); Alcohol Education, Rehabilitation & Enforcement Fund ($100); IDRC ($75 per diem); Merit Rating Plan Surcharge/Point assessment ($3,000 + $525 to $675).
If you can't pay these surcharges, the state at its option may indefinitely suspend your license. The Motor Vehicle Commission in New Jersey (MVC) may also file against the individual's assets in Superior Court to place a lien against the individual's property and/or garnish employment wages.
DUI/DWI chargesIt is possible to contest DUI/DWI charges in New Jersey with experienced legal help. At The Law Offices of Stephen R. Piper, we are trained in the use of field sobriety tests used in New Jersey. A deep understanding of New Jersey DWI testing strategies enables our attorneys to search for any errors made in an arrest. 856-912-5870