N.J.S.A. 39:4-50

New Jersey DWI, DUI & Refusal Charges

Driving while intoxicated (DWI), driving under the influence (DUI) and refusal to submit to a breath test are all serious traffic offenses in New Jersey, and the state's drinking and driving laws impose severe penalties on anyone found guilty. Under the New Jersey DWI statute, N.J.S.A. 39:4-50:

1. No person may operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug;
2. A person with a blood alcohol content (BAC) of 0.08% by weight is deemed "per se" intoxicated for purposes of determining whether a violation has occurred; and
3. No person may permit a vehicle to be operated by a person who is under the influence of intoxicating liquor or a narcotic, hallucinogenic or habit-producing drug.

Penalties for violating the New Jersey drunk driving statute, N.J.S.A. 39:4-50, include:

• First offense DWI or DUI: $250–$400, IDRC, 3 months – 1 year suspension, possible 30 days in jail.
• Second offense DWI or DUI: $500–$1,000, 30 days community service, 2–90 days in jail, 2 year suspension.
• Third offense DWI or DUI: $1,000 fine, 180 days in jail, 10 year suspension.

The State Must Prove Operation of a Motor Vehicle

To convict under New Jersey's drinking and driving statute, the State must prove two elements: (1) operation; and (2) a motor vehicle. "Operation" is usually established through direct observation or through circumstantial evidence. The State does not have to prove the vehicle actually moved. It only has to show that the motorist intended to operate the vehicle and that the vehicle was capable of moving. Prosecutors typically try to establish that intent with evidence that the defendant put the key in the ignition and/or that the engine was running.

"Operation" is a complicated issue, and I am prepared to defend clients on it whenever a potentially viable defense exists.

The State Must Prove that a Motorist Was "Under the Influence"

New Jersey courts define intoxication, or being under the influence, as a "substantial deterioration or diminution of the mental faculties or physical capabilities of a person" resulting from ingestion of alcohol or drugs. Alcohol intoxication is typically established "per se" through breath or blood tests showing a blood alcohol content at or above the legal limit of .08%. The current mechanism for testing breath samples in New Jersey is a device commonly referred to as a breathalyzer. The breathalyzer is, however, a dated piece of machinery, and New Jersey is currently in the process of phasing in a new breath test instrument, the Alcotest. Introduction of the Alcotest has met resistance, and litigation is pending over the use and admissibility of Alcotest breath results in DWI and DUI cases in New Jersey municipal courts.

If the State cannot establish a "per se" violation through a breath or blood sample, police may try to prove intoxication through field sobriety tests, also called psycho-physical tests. These tests are open to subjective interpretation and are often administered improperly, and I know how to spot those problems.

A DUI summons may also be based on the use of illegal drugs. In a drug-based DUI, the State typically must present testimony from a police officer trained and certified as a Drug Recognition Expert (DRE) that the suspect was, in fact, under the influence of drugs. Blood or urine test results are also required to establish that drugs were in the suspect's system.

Defenses to DWI Charges

There are many defenses to driving while intoxicated charges in New Jersey, including:

• lack of probable cause or reasonable suspicion for the stop (an illegal traffic stop);
• lack of probable cause to believe the driver was intoxicated; and
• improper inspection and certification of the breathalyzer machine.

I am experienced in drinking and driving cases, and I will make sure every available defense is raised.

Sentencing Issues

Sentencing issues also arise in New Jersey DWI, DUI and refusal cases, and I will explore each of them to pursue the most favorable outcome available to you. For example, breath test readings can significantly affect sentencing. If you are a first offender in New Jersey and your blood alcohol concentration (BAC) is between .08 and .10, you face a three-month license suspension rather than the seven-month to one-year suspension that applies when readings are at or above .10%. I will work to have the BAC readings excluded or reduced so that you receive the minimum suspension available.

Prior convictions are another frequent issue, because sentencing can vary significantly depending on whether a prior conviction was for a DWI or a refusal. If your first conviction was for a refusal rather than a DWI, New Jersey law requires that you be sentenced as a first offender. However, if your prior conviction was for a DWI and you are later charged with a refusal, it will be treated as a second offense, and the penalties will be much more severe. That is why it is important to contact a New Jersey DWI attorney who has experience handling these offenses.

Experience You Can Rely On

I have the experience you need in a DWI/DUI lawyer, and I am prepared to appear on your behalf in any court in New Jersey. Since being admitted to the New Jersey bar in 1998, I have represented clients through my private practice and in my role as Municipal Public Defender for multiple towns. I have helped countless clients facing DWI, DUI, refusal and other charges, and I know how to defend your rights. My years in New Jersey's municipal courts give me practical insight to guide you through the process and fight for your second chance. I welcome the opportunity to meet with you and discuss your case in more detail.

The Law Offices of Raymond A. Raya, Esq.
Monmouth County Lawyer
Traffic · DUI/DWI · Criminal Defense · Municipal