DUI/DWI Offenses

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Brick Township DWI Attorney

Driving While Intoxicated (DWI / DUI) charges throughout New Jersey carry extremely severe consequences if convicted; sometimes requiring jail sentences in addition to mandatory periods of license loss for DUI offenses pursuant to the applicable New Jersey statute; N.J.S.A. 39:4-50. If you have been arrested for DWI in Brick, Toms River, Point Pleasant or any other town throughout Ocean, Monmouth, Middlesex and/or the neighboring counties of New Jersey; whether for being under the influence of alcohol or drugs, a conviction for DUI will subject you to mandatory loss of driving privileges, significant fines, insurance surcharges and possible imposition of Ignition Interlock Devices on your vehicle. As a former Municipal Prosecutor in over 20 towns throughout Ocean and Monmouth County, Nicholas Moschella will personally begin to defend your case and protect you from the significant penalties of a DWI conviction. Call (732) 451-2283, 24 hours a day, 7 days a week for FREE CONSULTATION.

ARRESTED FOR DWI / DRIVING UNDER THE INFLUENCE OR REFUSAL

All law enforcement departments in the State of New Jersey employ the usage of the Alcotest 7110 in order to obtain breath samples of those placed under arrest for suspicion of Driving While Intoxicated. The Blood Alcohol Concentration (BAC); or breath test result obtained from the Alcotest as administered in all DWI matters in the State of New Jersey, will be used as evidence against you by the Prosecution in your case. Readings of a .08% BAC or higher will result in a “per se” violation for DUI, and will automatically trigger the various penalties discussed above as set forth in 39:4-50. Regardless of the readings in each individual case, the State will seek to introduce each defendant’s performance on the Standard Field Sobriety Tests (S.F.S.T.’s) administered by the officer as both probable cause for the arrest and evidence of guilt against you. The Field Sobriety Tests will also be introduced as evidence against you if you have arrested and charged with Refusal to Submit to Chemical Samples under N.J.S.A. 39:4-50.2.

FORMER MUNICIPAL PROSECUTOR AND ALCOTEST CERTIFIED

Nicholas Moschella has practiced almost exclusively in the areas of DWI and Municipal Court law throughout his career. As a former Municipal Prosecutor from over 20 towns in Ocean and Monmouth Counties; Including Brick, Point Pleasant, Toms River, Lacey, Stafford Township, Beachwood, Berkeley Township, Holmdel and Brielle; Nicholas A. Moschella, Jr. is State certified in the administration and operability of the Alcotest 7110, as well as trained on the National Highway Traffic Safety Administration Standards regarding the Standard Field Sobriety Tests as they relate to the prosecution of DUI matters. Whether these tests were explained, administered and reviewed properly to each person placed under arrest for suspicion of Driving While Intoxicated is governed by guidelines published by the National Highway Traffic Safety Administration; commonly abbreviated as NHTSA.

DRIVING UNDER THE INFLUENCE – N.J.S.A. 39:4-50

NEW DWI LAW – CHANGES TO DUI SENTENCING UNDER N.J.S.A. 39:4-50 & 39:4-50.17

New Penalties for Driving Under the Influence Offenses will begin to take effect on December 1, 2019 with the signing into law of the new provisions by Governor Philip D. Murphy. Due to the changes in the statute, those charged with a First Offense under N.J.S.A. 39:4-50 et. seq., will now be subject to penalties that vary based upon the particular reported Blood Alcohol Concentration (BAC) at the time of the charged offense. Thus, asserting defenses to the admissibility and/or scientific reliability of the Alcotest 7110 results can now have an even greater affect on the successful resolution of your case; especially for first offenses under the statute. The Legislature has provided for alternative means of keeping driving privileges for those convicted of an alcohol related driving offense through the Installation of Ignition Interlock Devices. While there exist absolutely no provisional licenses, probationary licenses or work-related licenses in the State of New Jersey for the period of license forfeiture, the new DUI law provides some possible relief subsequent to a conviction for drunk driving with reduced terms of license loss and provisional installation of the Interlock Device. The consequences for a conviction prior to and now for an offense occurring after December 1st, 2019 are amended as follows.

For a First Offense of N.J.S.A. 39:4-50

• BAC greater than .08% but less than .10% 

Prior to amendment: Subject to MANDATORY Three (3) Months Loss of Driving Privileges upon conviction. Up to Thirty (30) Days Jail; A fine of $250-$400; 12 – 48 hours Intoxicated Drivers Resource Center (IDRC) plus additional monetary assessments and a $1,000/year for 3 Years Insurance Surcharge.
Offenses charged after 12/1/19: Forfeiture of Driving Privileges upon conviction until installation of Interlock Device in vehicle owned, leased or principally operated to remain installed for a period of three (3) months; up to 30 Days in Jail. (Same Fines, assessments and IDRC Requirement)

• BAC of at least 0.10% but less than 0.15% 

Prior to amendment: Subject to MANDATORY Seven (7) Months to 1 Year Loss of Driving Privileges upon conviction. Up to Thirty (30) Days Jail; A fine of $300-$500; 12 – 48 hours Intoxicated Drivers Resource Center (IDRC) plus additional monetary assessments and a $1,000/year for 3 Years Insurance Surcharge.
Offenses charged after 12/1/19: Forfeiture of Driving Privileges upon conviction until installation of Interlock Device in vehicle owned, leased or principally operated to remain installed for a period not less than seven (7) months or more than one (1) year; up to 30 Days in Jail.  (Same Fines, assessments and IDRC Requirement)

• BAC of 0.15% or higher

Prior to amendment: Subject to MANDATORY Seven (7) Months to 1 Year Loss of Driving Privileges upon conviction. Up to Thirty (30) Days Jail; A fine of $300-$500; 12 – 48 hours Intoxicated Drivers Resource Center (IDRC) plus additional monetary assessments and a $1,000/year for 3 Years Insurance Surcharge.
Offenses charged after 12/1/19: Forfeiture of Driving Privileges for at least four (4) months but not more than six (6) months and mandatory installation of Interlock Device in vehicle owned, leased or principally operated to remain installed during period of license forfeiture and thereafter for not less than nine (9) months or more than one 15 months; up to 30 Days in Jail.  (Same Fines, assessments and IDRC Requirement).

 

 

Subsequent DUI Penalties

Though Penalties and Terms of possible incarceration remained largely unchanged for 2nd, 3rd or subsequent DUI offenses, several areas of DWI law have now changed and require further and constant monitoring in order to effectively assert every possible defense available in your matter. Two major cases now pending before the New Jersey Supreme Court; State v. Cassidy and State v. Olenowski are currently set to decide on the reliability of over 20,000 previous cases involving the Alcotest 7110 as well as the scientific reliability of Drug Recognition Expert (DRE) evidence as it applies to convict those charged with Driving Under The Influence / Driving While Intoxicated.

Refusal to Submit To Breath Testing (After December 1, 2019)

First Offense

$300-$500 Fine
$106 State Assessments
Up to $33 Court Costs
Intoxicated Driver Resource Center time for 12 to 48 hours
Loss of Driving Privileges until an Ignition Interlock Device is installed
Ignition Interlock for 9 to 15 months

Second Offense (prior conviction less than 10 years prior)

$500-$1,000 Fine
$106 State Assessments
Up to $33 Court Costs
Intoxicated Driver Resource Center time in accord with treatment classification (usually 48 hours)
Loss of Driving Privileges 1 to 2 years following installation of Ignition Interlock Device
Ignition Interlock during period of license forfeiture and for 2 to 4 years following restoration of driver’s license

Third Offense (2nd conviction less than 10 years prior)

$1,000 Fine
$106 State Assessments
Up to $33 Court Costs
Intoxicated Driver Resource Center in accord with treatment classification
Loss of Driving Privileges 8 years following installation of Ignition Interlock Device
Ignition Interlock during period of license forfeiture and for 2 to 4 years following restoration of driver’s license

Whether you have been charged for DUI or Refusal to Submit to Breath Test pursuant to N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.2, it is imperative that you retain an attorney specifically skilled and experienced in New Jersey DWI law in order to obtain the best possible result. With extensive experience throughout the State of New Jersey in defending all types of alcohol related driving offenses, Nicholas A. Moschella, Jr. is available for a FREE CONSULTATION 24 hours a day, 7 days a week at (732) 451-2283 to ensure your rights are protected.

UNDERAGE DUI– N.J.S.A. 39:4-50.14

If you are under the age of 21, and have been charged with operating a motor vehicle with a Blood Alcohol Concentration (BAC) of .01% or higher, you can be found guilty of an Underage DUI; or what is also referred to as a “Baby Drunk,” in the State of New Jersey. While the normal range for a per se, or automatic violation of the DWI statute in New Jersey is .08% or higher; those individuals who have not yet attained the legal drinking age of 21 are subject therefore to a more stringent standard. Penalties for a conviction under this statute range from 30-90 days loss of your driving privileges, mandatory fines and penalties codified under our corresponding DWI Statute; found in full text on the New Jersey Motor Vehicle Commission Web-Site at http://www.nj.gov/mvc/Violations/dui.htm as well as required attendance in the Intoxicated Driver Resource Center as well as mandatory Community Service up to 30 days. Those below the age of 17 at the time of being charged with an offense under this statute will be subject to a prohibition to receiving a New Jersey Driver’s License for 30 to 90 days after turning the qualified age. In addition, if your BAC is in excess of .08%, you can be charged both under the underage as well as the adult DWI Statute. The Law Office of Nicholas A. Moschella, Jr. can be reached at (732) 930-3482 for a FREE CONSULTATION 24 hours a day, 7 days a week to discuss your case and prepare your defense.

IGNITION INTERLOCK DEVICE

If you have been charged with Driving Under the Influence in the State of New Jersey, one of the penalties you will face in addition to fines, license suspension and possible jail terms is the installation of the Ignition Interlock Device in any vehicle you own, lease or principally operate. As a consequence, operation of any company issued work vehicles, commercial or job-site vehicles and/or machinery would not be permitted. For a first offense DWI, you are now subject to being sentenced to install the Interlock Device for the period of license forfeiture as well as at least 3 up to 18 Months after terms of suspension based upon a particular BAC of a Defendant. Any and all Interlock Device requirements regarding First or subsequent convictions for Drug-related DUI offenses have been deleted and are no longer in effect as of December 1, 2019. Added costs and expenses are associated with Interlock Device, as well as necessary monthly recalibrations at an approved manufacturer facility in order to stay in compliance with your sentence. Failure to install an Ignition Interlock Device or to comply with any of the provisions delineated by the Court may result in an additional 1 year loss of your driving privileges and/or a sentence to the county jail.
New Jersey has approved facilities throughout the State in connection with the companies listed below. For more information or questions regarding the foregoing, call The Law Offices of Nicholas A. Moschella, Jr, LLC at (732) 451-2283 for a FREE CONSULTATION.

SENATE, No. 824

STATE OF NEW JERSEY

218th LEGISLATURE

a.)  The statute signed into law by the governor on August 23, 2019 was enacted under Senate Bill 824. The amendments affect NJSA 39:4-50, NJSA 39:4-50.4a, NJSA 39:4-50.17 and 39:4-50.18.b.)  The Amendments become effective on the first day of the fourth month after enactment (December 1, 2019) and shall apply to any offense occurring on or after that date. (NJSA 39:4-50.18(f)(7)).c.)  There is a sunset provision: “the Act shall expire on the first day of the fifth year next following the effective date.” (NJSA 39:4-50.18(f)(7)).d.)  School zone violations are eliminated for both drunk-driving and refusal under the bills.e.)  Suspension of driving privileges is now referred to as “forfeiture”.f.)  The allowing offense is now predicated upon the defendant allowing the intoxicated operation of a vehicle the defendant “owns or which is in the person’s custody or control“.  Allowing applies to both under the influence of drugs/alcohol and per se violations.g.)  Fines and jail terms are the same as in the current statute.h.)  Ignition interlock devices (IID) apply only to one motor vehicle owned, leased, or principally operated by the defendant, whichever the person most often operates.i.)  IID provisions no longer apply to first offender defendants who drive under the influence of drugs or those who allow drugged operation. These offenders are subject to a first offender license forfeiture ranging from 7 months to one year. (NJSA 39:4-50(a)(1)(ii)).j.)  During of the period of IID installation imposed by the sentencing judge, the defendant may not operate any vehicle that is not equipped with an IID. (NJSA 39:4-50.17(c)).  A notation to this effect will be imprinted on the operator’s license. (NJSA 39:4-50.18(b)).k.)  The defendant shall provide to the court information identifying the motor vehicle on which the ignition interlock is to be installed, and any other information deemed relevant by the court, including, but not limited to, the offender’s complete name, address, date of birth, eye color, and gender. (NJSA 39:4-50.17(c)).

Statement 

This bill decreases the length of driver’s license suspensions for drunk driving and refusing to submit to a breathalyzer test, but increases ignition interlock device requirements for these offenses.      Under current law, the period of driver’s license suspension for first time drunk driving offenders is based on the offender’s blood alcohol concentration (BAC).  If the offender’s BAC is 0.08 percent or higher but less than 0.10 percent, the driver’s license is suspended for three months.  If the offender’s BAC is 0.10 percent or higher, the driver’s license is suspended for seven months to one year.  The driver’s license suspension for refusing to submit to a breathalyzer test currently is seven months to one year.      Under this bill, the three month driver’s license suspension for first time offenders with a BAC of between 0.08 percent and 0.10 is reduced to 30 days.  The seven month driver’s license suspension for first time offenders with a BAC of 0.10 percent or higher is reduced to 45 days if the BAC is less than 0.15 percent and reduced to 90 days if the BAC is 0.15 percent or more. The seven month driver’s license suspension for a first of offense of refusing to submit to a breathalyzer test is reduced from seven months to one year to 90 days under the bill.      Under current law, the installation of an ignition interlock device (IID) is discretionary for first time drunk driving offenders whose BAC is under 0.15 percent; if required by the court, the IID is to be installed in the motor vehicle principally operated by the offender for six months to one year following the license suspension.  First time offenders whose BAC is 0.15 percent or higher are required to install an IID in the motor vehicle they principally operate during the period of suspension, in addition to six months to one year following the suspension.  Installation of an IID also is mandatory for a first offense of refusing to submit to a breathalyzer test; it is required during the period of license suspension and six months to one year after the suspension.      Under the bill, installation of an IID would be mandatory for first time offenders and would be required during the license suspension, as well as following the suspension.  For first time offenders whose BAC is 0.08 or higher and less than 0.10 percent, the required period of installation is three to six months; for a BAC of 0.10 percent or higher but less than 0.15 percent, the installation period is six months to one year; and for a BAC of 0.15 percent or higher the installation period is one year to 18 months.     Under the bill, drivers with multiple convictions of drunk driving or refusing the breathalyzer would be required to install the IID on each motor vehicle they own or operate.      The bill further specifies that a driver may not remove an IID on the date of completing the required period of installation unless the driver provides to the New Jersey Motor Vehicle Commission certification from the manufacturer that, within the final one-third of that period certain conditions were met.  First, the driver is required to certify that there were no attempts to start the motor vehicle with a BAC of 0.08 percent or higher unless a re-test conducted within five minutes of the initial test indicates a BAC of less than 0.08 percent.  The driver also is to certify that there were no failures to take or pass a test with a BAC of 0.08 percent or higher unless a re-test conducted within five minutes of the initial test indicates a BAC of less than 0.08 percent. Finally, the driver has to certify that he or she complied with all maintenance, repair, calibration, monitoring, or inspection requirements related to the IID.  The data from the readings of the IID are to be made available to the sentenced person upon request.      Current law provides for a one year driver’s license suspension for failing to install a required IID.  The bill increases the suspension to 18 months.