DUI/DWI Offenses 2017-11-15T18:54:15+00:00

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. For a first offense DUI or Refusal to Submit to Chemical Breath Tests; penalties range from up to $1,000 in fines,, 12 months loss of your Driver’s License, six (6) to twelve (12) months of the Ignition Interlock Device and up to 30 days in the county jail; whereas for a third or subsequent offense, a conviction would carry a mandatory six (6) months in jail as well as a 10 year loss of Driving Privileges. 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 harsh penalties of a DWI conviction. Call (732) 930-3482 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. Loss of Driving privilege penalties for a “Refusal” range from 7-12 months for a first offense; with mandatory Interlock device requirements; two (2) year license loss for a second conviction and ten (10) years for a third or each subsequent offense.

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

Mandatory fines and penalties

Alcohol or drug related DUI with BAC of 0.10% or greater

License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months – 1 year following restoration

Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%

License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
3 months $250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*

Repeated DUI convictions

Offense License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
2nd offense within 10 years 2 years $500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
 3rd offense within 10 years of 2nd offense 10 years $1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

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) 930-3482 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 subject to being sentenced to install the Interlock Device at the discretion of the Judge if your BAC (Blood Alcohol Concentration) is less than .15%. Anything above that level; .15% BAC or higher, the Interlock Device is a mandatory component of any plea or finding of Guilt for a period of 6 months to 1 year. For a second, third or subsequent DUI offense, a required 1 to 3 years Interlock Device shall be ordered by the Court. 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) 930-3482 for a FREE CONSULTATION.

Company Contact/Website
1A Smart Start, Inc.
500 E. Dallas Road
Suite 100
Grapevine, TX 76051
(800) 880-3394
www.smartstartinc.com
Alcohol Detection Systems
1718 Belmont Avenue Suite E
Baltimore, MD 21244
1-888-STOP-DUI (888-786-7384)
www.statewideinterlock.com
Simple Interlock
7100 Boulevard 26 Suite 301A
Richland Hills, TX. 76118
(844) 432-4775
www.simpleiid.com
Draeger Safety Diagnostics
4040 W Royal Lane Suite 136
Irving, TX 75063
(856) 753- 9700
(800) 970-1002
www.interlockdevice.com
Low Cost Interlock,Inc.
2038 W. Park Ave.
Redlands, CA 92373
(844) 316-7988
www.lowcostinterlock.com
Intoxalock
11035 Aurora Ave. Bldg. 1
Des Moines ,IA 50322
(877) 777-5020
www.intoxalock.com
Best Labs
7301 West Blvd Suite A1
Boardman, OH 44512
(800) 219-9936
www.sensolockamerica.com
LifeSafer
4290 Glendale Milford Road
Cincinnati, OH 45242-3704
(800) 475-7151
www.LifeSafer.com
Guardian Interlock Systems
228 Church St.
Marietta, GA 30060
(800) 499-0994
www.guardianinterlock.com

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Whether you have been charged with a DWI, Criminal, Traffic or Domestic Violence offense; you need to be represented by an experienced and knowledgeable attorney to immediately begin to prepare a defense in your matter and protect your rights. Contact us for a FREE Consultation and see what The Law Office of Nicholas A. Moschella, Jr. can do for you.