Are you facing a DWI or DUI charge in New Jersey? The penalties for a conviction can affect your license, finances, and future. The sooner you respond to the charges against you, the better your chances of protecting your rights and preparing a strong defense strategy.
Attorney William Fay, Esq., defends drivers across New Jersey in all types of DWI and DUI cases. As a former Deputy Attorney General with the New Jersey Office of the Attorney General, he possesses a deep understanding of the law, local courts, and the steps required to construct a robust defense.
Contact Mr. Fay today to arrange your free, no-obligation consultation. Let an experienced legal professional give you the guidance you need so you can move forward with your case confidently.
Why Hire William Fay for Your DWI/DUI Defense in New Jersey?
Mr. Fay is a born-and-bred New Jersey citizen and a determined defense attorney who brings years of courtroom experience to every case he handles. In his role as Deputy Attorney General with the New Jersey Office of the Attorney General, he investigated and prosecuted countless criminal cases. That background gives him rare insight into how the state builds charges, which he now uses to protect the rights of those facing DWI/DUI accusations.
Mr. Fay understands that every case is different. He carefully examines all evidence, reviews the circumstances, and develops tailored defense strategies accordingly. Mr. Fay handles each matter personally, from the first consultation to every court appearance, and never passes clients off to associates. Clients can reach him directly on his cell phone, rather than going through layers of staff.
Reach out today for your free, confidential case review with a seasoned New Jersey DUI lawyer.
Why Do You Need a Lawyer When Facing DWI/DUI Charges?
A DWI/DUI conviction carries mandatory penalties that can affect your freedom and finances. Without a lawyer, you could face the full weight of these consequences following a legal process that moves quickly. An aggressive New Jersey DUI attorney can provide the guidance you need every step of the way and increase your chances of reaching a positive outcome.
How Much Does a DWI/DUI Lawyer Cost?
The cost depends on the lawyer’s experience, the facts of your case, and whether it involves prior convictions or added charges. Fees vary, but the expense of hiring a New Jersey DWI attorney is often far less than the long-term costs of a conviction.
Can a DWI/DUI Be Dismissed?
A dismissal might be possible if the state excludes key evidence, fails to follow procedures, or violates your constitutional rights. As a reputable New Jersey DWI lawyer, Mr. Fay can file motions, challenge test results, and argue for dismissal if the evidence does not meet legal standards.
What’s the Difference Between DWI and DUI in New Jersey?
New Jersey law does not separate DWI and DUI into different charges. Driving while intoxicated (DWI) and driving under the influence (DUI) both fall under the same statute. The terms often appear together, but they cover the same conduct: operating a vehicle after drinking alcohol or using drugs that impair your ability to drive.
Is a DWI/DUI a Felony in New Jersey?
No. A DWI or DUI in New Jersey is a traffic offense. However, even though DUI/DWI cases do not involve criminal charges, a conviction can still carry serious consequences.
What Types of DWI/DUI Crime Cases Does William Fay Handle?
Mr. Fay understands that facing a DWI or DUI charge can look considerably different depending on the circumstances. He defends clients against all types of drunk and drugged driving charges in New Jersey, including those that involve the following:
What Are Common Defenses in New Jersey DWI/DUI Cases?
Not every DWI or DUI charge in New Jersey leads to a conviction. The law sets strict requirements for how police must stop drivers, conduct tests, and handle evidence. When officers fail to follow those rules, a DUI lawyer in New Jersey can challenge the charges in court.
The following are some of the most common arguments that defense attorneys raise in New Jersey DWI/DUI cases:
- Illegal traffic stop
- Improper field sobriety testing
- Faulty breath test results
- Medical conditions affecting test outcomes
- Lack of probable cause for arrest
- Errors in police reports or procedures
- Issues with blood or urine testing
How Can You Protect Your Rights During and After a DWI/DUI Arrest?
The choices you make during a DWI stop and after your release can affect the outcome of your case. You should do the following to protect your rights and prepare for what comes next:
- Stay calm and cooperate with the officer’s instructions.
- Exercise your right to remain silent beyond providing identification.
- Do not argue with the officer or resist the arrest.
- Contact a DWI lawyer in New Jersey as soon as possible after your arrest.
- Write down everything you remember about the stop and testing.
- Keep all paperwork and notices you receive from the police or court.
- Attend every scheduled court date without delay.
What Are New Jersey’s DWI/DUI Laws?
New Jersey DWI/DUI laws make it illegal to operate a vehicle if alcohol or drugs affect your ability to drive safely. A person can be convicted for driving under the influence of alcohol, narcotics, hallucinogens, or any other controlled substance. Unlike some states, New Jersey does not have a separate charge for the lesser offense of DWAI (driving while ability impaired); any level of impairment can result in a DWI/DUI charge.
The New Jersey DWI/DUI limit for alcohol is a blood alcohol concentration (BAC) of 0.08 percent or higher. However, even if your BAC is below 0.08 percent, the law allows conviction if alcohol or drugs clearly affect your driving. Additionally, you can face DWI/DUI charges any time you are in “actual physical control” of a vehicle, even if you are not driving it. For example, sitting in the driver’s seat with the keys in the ignition can be enough for a conviction.
What Are the Sentences for DWI/DUI in New Jersey?
A conviction for driving while intoxicated in New Jersey carries harsh, mandatory penalties. These New Jersey DWI/DUI penalties depend on whether it is your first, second, or third offense.
First DWI/DUI
For a first offense, the penalties depend on your blood alcohol concentration (BAC). With a BAC of at least 0.08 but less than 0.10, you face up to 30 days in jail, mandatory time in an Intoxicated Driver Resource Center (IDRC), and installation of an ignition interlock device (IID) for three months. If your BAC is between 0.10 and 0.15, the IID requirement ranges from seven months to one year. At 0.15 or higher, the court orders a license suspension of four to six months, plus an IID requirement of nine to 15 months after your license is restored.
Second DWI/DUI
A second offense within 10 years of the first is punishable by up to 90 days in jail, a one- to two-year license suspension, and 30 days of community service. An IID must be installed during the suspension and kept for two to four years after your license is restored.
Third DWI/DUI
A third conviction within 10 years of a second conviction results in mandatory jail time of 180 days; however, time spent in an approved inpatient treatment program can reduce this to 90 days. You also lose your license for eight years and are required to complete 30 days of community service. An IID is mandatory during the suspension and for two to four years after restoration.
DWI/DUI Probation
New Jersey law does not offer a probation-only option as an alternative to these penalties. A conviction requires compliance with sentencing, which may include jail time, license suspension, IDRC attendance, community service, and IID use. Judges may impose probation conditions in conjunction with these penalties, but probation cannot replace them.
What Is the Cost of a DWI/DUI?
Beyond the jail time, license suspensions, and interlock requirements, a conviction comes with steep financial costs, which depend on whether it is your first, second, or third offense. They include the following:
- First Offense – Punishable by a fine of $250 to $500, an insurance surcharge of $1,000 per year for three years, and an IDRC fee of about $230
- Second Offense – Punishable by a fine of $500 to $1,000, an insurance surcharge of $1,000 per year for three years, and an IDRC fee of about $280
- Third Offense – Punishable by a fine of $1,000, an insurance surcharge of $1,500 per year for three years, and an IDRC fee of about $280
In every case, the court also charges $100 for the Drunk Driving Fund, $100 for the Alcohol Education and Rehabilitation Fund, and $75 for the Neighborhood Services Fund. Beyond these penalties, you must also pay for IID installation and maintenance before you get your driving privileges back.
Contact a New Jersey DWI/DUI Defense Attorney Today
A DWI or DUI charge in New Jersey can have serious and lasting effects, but you do not have to face it on your own. DWI/DUI criminal defense attorney William Fay, Esq., offers free initial consultations and can review your case, explain your options, and discuss possible defense strategies.
Contact Mr. Fay today for compassionate, reliable representation. Get started with your free, confidential consultation and take the first step toward protecting your rights.