Aggravated DWI Lawyer in New Jersey

Arrested for Aggravated DWI in NJ? Get Legal Help Now

In New Jersey, an aggravated DWI is a more serious offense than a standard DWI charge. If you are facing aggravated DWI charges, you need the help of an experienced attorney to fight the charges against you and help you obtain the best possible outcome. At Roberts & Teeter, LLC, we offer skilled legal representation to residents of Somerset and the surrounding areas who have been charged with DWI, and we can help you obtain the best possible outcome in your case.

Facing aggravated DWI charges? Contact us today at (732) 607-5553 for experienced legal assistance and a free consultation.

Understanding Aggravated DWI in New Jersey

Aggravated DWI charges are typically applied when certain aggravating factors are present during the offense, such as an extremely high blood alcohol concentration (BAC), previous DWI convictions, or other circumstances that exacerbate the offense.

Here are some examples of situations that could result in an aggravated DWI charge in New Jersey:

• High BAC: If a driver operates a motor vehicle with a BAC of 0.15% or higher, it may lead to an aggravated DWI charge. The legal limit for a standard DWI charge in New Jersey is 0.08%, but a BAC of 0.15% or above is considered a higher level of intoxication and can result in more severe penalties.
• Multiple DWI convictions: If a driver has previously been convicted of DWI offenses, subsequent DWI arrests may be charged as aggravated DWI. New Jersey imposes harsher penalties for repeat DWI offenders, including longer license suspensions, mandatory ignition interlock devices, and potential jail time.
• DWI in a school zone: If a driver is arrested for DWI within 1,000 feet of a school or school crossing zone, it can lead to an aggravated DWI charge. School zones include areas around elementary or secondary schools during specified hours when children are present.
• DWI with a suspended license: If a driver operates a vehicle under the influence of alcohol or drugs while their driver's license is already suspended or revoked, it can result in an aggravated DWI charge. Driving with a suspended license is a serious offense on its own, and when combined with a DWI, the consequences can be more severe.
• Reckless driving or accidents: If a driver is arrested for DWI and is found to have been operating the vehicle in a reckless manner or involved in a motor vehicle accident causing property damage, injuries, or fatalities, it can lead to an aggravated DWI charge. The presence of these additional factors can elevate the severity of the offense.

Penalties for Aggravated DWI in New Jersey

Aggravated DWI (Driving While Intoxicated) charges carry severe consequences. The penalties depend on factors like BAC (Blood Alcohol Concentration), prior convictions, and whether other aggravating circumstances exist. Here's a breakdown:

• Fines: You may face significant fines, which can range from $500 to $1,000 or more, depending on the case’s severity.
• License Suspension: A conviction often leads to a longer license suspension than a standard DWI. For aggravated DWI, suspensions can last anywhere from several months to a year.
• Jail Time: If convicted, jail sentences are also more likely. For example, a high BAC or repeat offenses can result in up to 6 months in jail.
• Ignition Interlock Device: If your license is reinstated, you may be required to install an ignition interlock device, which prevents you from starting your vehicle if alcohol is detected in your breath.
• Mandatory Alcohol Education Programs: The court may order participation in alcohol education or treatment programs to address alcohol misuse.

Aggravated DWI vs. Standard DWI: Key Differences

The main difference between aggravated DWI and standard DWI lies in the severity of the offense and its consequences:

• BAC Level: For a standard DWI in New Jersey, a BAC of 0.08% or higher is the threshold. However, if your BAC is 0.15% or higher, it qualifies as an aggravated DWI, resulting in harsher penalties.
• Repeat Offenders: If you’ve been convicted of DWI in the past, a subsequent offense can lead to aggravated charges, regardless of your BAC level. This results in longer license suspensions and increased fines.
• Additional Factors: Aggravated DWI charges can also apply if you were caught driving in a school zone, with a suspended license, or involved in reckless driving.

DWI and Drug Impairment

Driving under the influence of drugs—whether prescription medication or illegal substances—can lead to aggravated DWI charges in New Jersey. Here’s how:

• Drugged Driving: If you are impaired by drugs, you can face similar penalties to those for alcohol-related DWI charges.
• Prescription Drugs: Even if you are on legally prescribed medication, if it impairs your ability to drive, you can still be charged with aggravated DWI.
• Illegal Drugs: Driving under the influence of illegal substances like marijuana, heroin, or cocaine can carry severe penalties, including increased jail time and fines.

In New Jersey, drug impairment is treated seriously, and the penalties are often the same as for alcohol-related offenses. This makes it important to avoid driving if you're under the influence of any substance that can impair your abilities.

Defend Against Aggravated DWI Charges with Our NJ Attorneys

If you are facing DWI charges, you need the help of an experienced attorney to fight the charges against you. At Roberts & Teeter, LLC, we are a team of trial lawyers who have a proven track record of success in the courtroom. We are dedicated to providing our clients with the personalized attention they deserve and will work tirelessly to help them obtain the best possible outcome in their case. When you retain our firm, you can rest assured that we will work tirelessly to help you obtain the most favorable result in your case. We will thoroughly review the details of your case and will work with you to develop a personalized defense strategy that will help you fight the charges against you.

FAQ: Aggravated DWI in New Jersey

Can a first-time offender be charged with aggravated DWI in New Jersey?

• Yes, a first-time offender can face aggravated DWI charges if there are aggravating factors involved, such as a BAC of 0.15% or higher, driving in a school zone, or driving with a suspended license. The court will consider these factors when determining the severity of the penalties.

How can I reduce the penalties for an aggravated DWI conviction?

• There are several ways to potentially reduce the penalties for an aggravated DWI conviction. This could include pleading to a lesser charge, participating in alcohol education programs, or demonstrating a lack of prior criminal history. Working with an experienced DWI lawyer will help you explore all possible options to minimize consequences.

Can I drive during my license suspension if I have an ignition interlock device?

• Yes, in some cases, after a suspension, you may be able to drive with an ignition interlock device installed. This device requires you to take a breath test before starting your vehicle, ensuring that you are not driving under the influence.

How long will my license be suspended if convicted of aggravated DWI?

• The duration of the license suspension varies depending on factors like BAC level and whether it is a repeat offense. A first-time aggravated DWI offense can result in a suspension of up to 1 year, but repeat offenders may face longer suspensions.

Can I get my aggravated DWI charges dismissed?

• In some cases, aggravated DWI charges can be reduced or dismissed. Factors like insufficient evidence, procedural mistakes in the arrest, or challenges to the validity of the BAC test may help your attorney build a strong defense strategy to fight the charges.

What happens if I refuse to take a breathalyzer test in New Jersey?

• Refusing to take a breathalyzer test in New Jersey can lead to automatic penalties, including a license suspension for up to 7 months, even if you are not convicted of DWI. It’s important to understand the consequences of refusing a test before making a decision.

Can I still face DWI charges if I was under the legal prescription for medication?

• Yes, you can still face DWI charges if prescription drugs impair your ability to drive. New Jersey law does not exempt drivers from DUI charges based on prescription medication unless it can be proven that the driver was not impaired while behind the wheel. This applies even if the prescription is legally obtained.

Can an underage driver face DUI charges in New Jersey?

• Yes, underage drivers (under 21) can face DUI charges if they are caught driving with any detectable alcohol in their system. New Jersey has a zero-tolerance policy for drivers under the age of 21, meaning even small amounts of alcohol can lead to severe penalties such as fines, license suspension, and mandatory driving courses.

Need help with your aggravated DWI case? Contact us now at (732) 607-5553 to discuss your defense options with our experienced attorneys.