Hackensack DWI Lawyer

Experienced Defense Against Your Bergen County DWI Charge

Those facing a DWI charge may be concerned about their future driving privileges, as they could risk losing their driver’s license and even their job. Driving while intoxicated is one of the most serious traffic violations in New Jersey, and the consequences of a sentence can be severe. New Jersey recently enacted a new law that requires the installation of an ignition interlock device (IID) in the vehicle of first-time offenders whose blood alcohol content (BAC) was .15% or more. The Law Office of Louis G. DeAngelis is committed to defending you against your DWI charge and seeks a result that meets your needs.

Call (201) 254-8484 or submit an online form here to schedule a free consultation!

What Constitutes a DWI in New Jersey?

New Jersey prohibits the operation of a motor vehicle while under the influence or with a BAC of .08% or greater. Intoxication includes liquors, narcotics, hallucinogens, or habit-producing drugs. The state defines “under the influence” as a substantial deterioration of mental faculties or physical capabilities.

A vehicle owner can also receive a DWI conviction for permitting an intoxicated person to drive their car. There must be evidence of intent to drive, but not necessarily the actual movement of the vehicle. A “per se” DWI means a driver can be convicted without proof of actual intoxication if their BAC is .08% or more.

It's essential for drivers in Hackensack and Bergen County to understand these laws fully to avoid unintentional violations. Familiarizing yourself with New Jersey's DWI statutes can prevent unnecessary legal challenges. Our law office provides further guidance on how to comply with these regulations and what to do if you face a charge.

Penalties & Sentencing for DWI

The penalties for a first offense include up to 30 days in jail, $250-$400 in fines (though it increases to $300-$500 if the defendant’s BAC was .10% or more or under the influence of drugs), 12-48 hours in the state’s Intoxicated Driver Resource Center (IDRC) Program, and license revocation for 3 months (7-12 months if the individual’s BAC was .10% or more or under the influence of drugs). Be aware that New Jersey recently enacted a new law that requires the installation of an ignition interlock device (IID) in the vehicle of first-time offenders whose BAC was .15% or more.

The penalties for a second offense include up to 90 days in jail, $500-$1,000 in fines, license revocation for two years, and installation of an ignition interlock device on your vehicle. For a third offense, the penalties increase to up to 180 days in jail, a fine of $1,000, license revocation for 10 years, and installation of an ignition interlock device.

Note that all DWI convictions require the offender to participate in a drug and alcohol screening and evaluation and complete treatment recommendations through the IDRC. Each day in the program requires the participant to complete at least 6 hours in treatment and pay a $75 fee, but days in the program can count towards the offender’s jail term. Aside from treatment costs and fines, a convicted driver must also pay a $100 victim’s fund fee and a $125 drunk driving surcharge, as well as court costs.

The penalties will increase if the vehicle was carrying a passenger under 18 years of age, often called a “disorderly persons” offense. The convicted driver will likely incur additional community service hours and an extended license revocation. Additionally, if a person drives under the influence within 1,000 feet of a school or through a school crossing, they could face further fines of $500-$800, up to 60 days in jail, and 1-2 years of license revocation.

Understanding the full impact of these penalties can be difficult without professional legal assistance. Our firm can help assess your situation and strategize a legal defense to potentially reduce these burdensome penalties. Taking proactive steps with a qualified attorney can make a significant difference in the outcome of your case.

Field Sobriety Tests & Challenges

There are 3 tests that comprise The Standardized Field Sobriety Test (SFST). These include:

• Horizontal Gaze Nystagmus (HGN) test
• Walk-and-turn test
• One-leg stand test

Officers use these tests to determine whether the person was under the influence of drugs or alcohol while operating their vehicle. The officer looks for signs such as loss of balance/swaying, not following instructions properly, or slurred speech.

These tests, while standardized, are not infallible and are subject to officer interpretation. Errors in administering these tests can occur, and factors like balance issues or nervousness may affect performance. Understanding your rights during these tests is crucial, and we can provide guidance on how best to handle this aspect of a DWI stop.

BAC Test Refusal Consequences

New Jersey operates under implied consent laws, allowing law enforcement officers to request stopped drivers to submit to a BAC test. Refusal to test can be used by the prosecution in court as additional evidence, and defendants who refuse may face further license revocation.

Field sobriety tests, breath tests, and officer observations commonly make up the evidence of a DWI case, and blood and urine tests are often requested in cases involving DWI. There are cases of human error, though, and with an attorney, the defendant can contest these tests in court. Nonetheless, it is advisable to submit to a test, as unlawful refusal could lead to enhanced penalties:

• 7 months to 1 year license revocation
• $300-$500 in fines
• IID use for 6 months to 1 year for a first offense
• An annual insurance surcharge of $1,000 per year for 3 years

Taking a proactive approach with legal representation can mitigate the consequences of a BAC test refusal. Our attorneys are prepared to examine the circumstances of your stop and the steps taken during the testing process, creating possibilities for challenging the prosecution's evidence and protecting your legal rights.

Local Support & Resources for DWI Defense in Hackensack

Living in Hackensack or anywhere in Bergen County, you know the importance of maintaining your driving privileges. With bustling streets and busy intersections, losing your license can significantly impact your daily life, from commuting to work to running essential errands. Law Office of Louis G. DeAngelis, LLC understands these local challenges and is here to help you navigate the complexities of a DWI charge.

Hackensack residents can benefit from local resources such as the Bergen County Department of Health Services, which offers programs and support for those dealing with substance abuse issues. Additionally, the Bergen County Courthouse, located right in Hackensack, is where many DWI cases are heard, making it convenient for residents to attend necessary court appearances.

One of the significant pain points for Hackensack locals is the risk of increased insurance premiums and the potential loss of employment due to a DWI conviction. With major employers like Hackensack University Medical Center and the Bergen County government offices nearby, a DWI charge can have far-reaching consequences on your professional life. Our team is well-versed in the local legal landscape and can provide the robust defense you need to protect your future.

Moreover, the recent New Jersey law requiring the installation of an ignition interlock device (IID) for first-time offenders with a BAC of .15% or more can be particularly burdensome. Navigating these requirements can be daunting, but our firm guides you through every step, ensuring you understand your obligations and options.

At Law Office of Louis G. DeAngelis, LLC, we are committed to providing personalized legal support tailored to the unique needs of Hackensack residents. We know the local roads, courts, and community, and we leverage this knowledge to offer you the best possible defense against your DWI charge.

Initial Steps After a DWI Charge in Hackensack

If you are charged with a DWI in Hackensack, there are critical steps that must be taken immediately to protect your rights and your future. First, it’s essential to understand the timeline of your case, including arraignment dates and procedural details specific to the Bergen County courts. Our firm emphasizes quick action—securing legal representation early can significantly impact the handling of your case.

One should also begin gathering all relevant documents and information related to their arrest. This includes the police report, breathalyzer results, and any other evidence collected. Additionally, making notes of the incident while details are fresh in your memory can be invaluable for building your defense. Early consultation with a qualified attorney can provide clarity and direction as to what further documentation may be beneficial.

Common Misconceptions About DWI Charges

There are several misconceptions surrounding DWI charges that can lead to misunderstandings about the severity and potential outcomes of such an offense. One common misconception is that a first-time DWI offense isn't very serious and may lead only to minor consequences. However, New Jersey has strict laws, and even first-time offenses can result in significant penalties, including license suspension, fines, and an IID requirement.

Another misunderstanding is believing that refusing a breathalyzer test will place you in a better legal position. In contrast, New Jersey’s implied consent law can result in swift penalties for refusal, including additional fines and a longer license suspension. It is crucial to be informed about these potential pitfalls to make educated decisions. Our legal team is dedicated to dispelling these myths and providing our clients with clear, accurate information from the onset.

How The Law Office of Louis G. DeAngelis, LLC Can Help

If you are facing DWI charges, you should contact an experienced lawyer immediately to represent your case. Attorney Louis G. DeAngelis, LLC never backs down from a fight in the courtroom. Trained in drug evaluation and classification of intoxication, he will effectively question police tactics and their determination at the scene. Attorney DeAngelis has represented many out-of-state visitors and won reduced punishments, including state-specific interlock requirements that would put clients at an unfair disadvantage. The Law Office of Louis G. DeAngelis, LLC believes in fighting for defendants’ rights and is always up for a challenge.

If you or someone you know is facing DWI charges, contact the Law Office of Louis G. DeAngelis, LLC online for a free consultation or call (201) 254-8484.

Commonly Asked Questions About DWI Charges in New Jersey

What are the penalties for a first-time DWI offense in New Jersey? 

Penalties for a first offense include up to 30 days in jail, $250-$400 in fines, 12-48 hours in the state’s Intoxicated Driver Resource Center Program, and license revocation for 3 months.

What are the penalties for a second-time DWI offense in New Jersey? 

Penalties for a second offense include up to 90 days in jail, $500-$1,000 in fines, license revocation for two years, and installation of an ignition interlock device on your vehicle.

What are the consequences of driving under the influence with a BAC of .15% or more in New Jersey? 

New Jersey recently enacted a law requiring the installation of an ignition interlock device in the vehicle of first-time offenders whose BAC was .15% or more.

What are the three tests that make up The Standardized Field Sobriety Test (SFST)? 

The three tests are the Horizontal Gaze Nystagmus (HGN) test, Walk-and-turn test, and One-leg stand test.

What is considered a 'per se' DWI in New Jersey?

 A 'per se' DWI is one in which a driver can be convicted without proof of actual intoxication if their BAC is found to be .08% or more.

How does a first offense DWI charge affect car insurance rates? 

A DWI conviction will likely lead to significant increases in car insurance premiums once your policy is up for renewal. Insurance companies will view you as a higher-risk driver, often resulting in a marked premium increase or possibly the insurer refusing to renew the policy. Having continued legal counsel can help assess whether specialized high-risk insurance may be necessary.