DWI

We have over 100 years of combined experience, several who are former DWI prosecutors, multiple attorneys who are dual certified on the Alcotest and in Standardized Field Sobriety Testing, and are one of two firms in NJ with its own breathalyzer to experiment with. We are obviously very serious about our training and defending DUI violations. We can assist you with any DWI related issue in Piscataway Township, including:

• Underage DWI
• Driving Under the Influence of Drugs
• Marijuana DWI
• Breath Test Refusal
• School Zone DWI
• First Offense
• Second Defense
• Third Offense

Call 732-562-0308 to speak to a Piscataway DWI lawyer about the specifics of your case. The consultation is free.

DWI Charge in Piscataway Township

Under NJSA 39:4-50, a person commits a DWI or DUI offense when they operate a motor vehicle under the influence of, respectively, either alcohol or controlled dangerous substances.  While for the latter offense, a DUI, the main method of proof is blood-related tests, a DWI offense is much more intricate.  It is essentially an offense with two elements, operation of a motor vehicle and proof of intoxication. The Municipality of Piscataway bears the burden of proof on both of these elements to establish their case beyond a reasonable doubt.  For the operational element of the offense, the prosecution has three main methods of showing that the accused operated the vehicle.  The first of these is quite obvious.  The prosecution will be able to establish this element where they have direct evidence of operation, i.e., the arrest occurred after the officer witnessed you driving.  The second way the prosecution may establish operation should also be quite obvious.  This second way is through the admission of the driver or someone else in the car that the accused was operating the vehicle.  The last way the prosecution may satisfy their burden is somewhat less obvious, as it is essentially a legal fiction.  This legal fiction is through the admission of circumstantial evidence.  This means that based on the circumstances of where the vehicle was found or where the accused was found that the prosecution may create a presumption of operation though they have no direct proof of it.  Finally, it is of note that in certain situations intent to operate a vehicle will be enough for the prosecution to prove this operational element.  This occurs in those rare situations where an officer observes an obviously intoxicated person try to get behind the wheel of a vehicle.  The law does not require them to wait for that person to actually drive off in order for them to make an arrest.

As for the intoxication element, once again the prosecution has three primary methods of proving their case.  The first of these are field sobriety tests.  Most people are familiar with this brand of testing.  These tests consist of things like stating the alphabet backwards, walking a straight line, balancing on one foot, and touching your finger to your nose repeatedly, among other things.  The second form of testing involves the use of a breathalyzer.  In the State of New Jersey, our law enforcement officers use a device called the Alcotest 7110.  Procedurally, the use of this device is very complex and this complexity is mandated by the State Supreme Court’s pronouncement in the landmark case of State v. Chun.  The failure of an officer to follow any one of these procedural requirements will render the results invalid.  The final method by which the prosecution can attempt to prove intoxication is through a blood draw, but this method is less preferable than the breathalyzer test.

Penalties That Apply To Your Piscataway Township DWI

If the result of all of this inquiry is that the prosecution establishes operation and intoxication, the consequences of a conviction are dire.  Where the BAC is at least .08% but less than .10%, a first offense will result in a license suspension of at least 3 months and a fine between $250 and $400. Where that BAC is above .10%, though, on a first offense the period of license revocation is 7 to 12 months, and the fine is $300 to $500.  An individual found guilty of their first DWI will also be required to perform 12 hours of alcohol education through the Intoxicated Drivers Resource Center (IDRC) and pay a surcharge of $1,000 per year for three years. For a second or third offense, the penalties only get worse.  A second DWI includes a 2 year drivers license suspension, a fine of $500.00 to $1,000.00, two to ninety days in jail, 30 days of community service, and forty eight hours in the IDRC.  The installation of an ignition interlock is also mandatory for a second offense, the device that tests your BAC before starting your car, as is the annual surcharge of $1,000 for three years. For a third or subsequent offense, an individual is required to serve 180 days in jail, pay a fine of $1,000, and have his or her license suspended for 10 years. There is also an annual surcharge of $1,500, not $1,000, for three years.