Breathalyzer Tests Proving Unreliable in Certain Situations

Recently, the reliability of breathalyzer tests has been called into question, as states are beginning to throw out thousands of DWI offenses. Though these machines have been regarded as the most accurate way to determine whether an individual was operating a motor vehicle while under the influence, attorneys are beginning to prove that notion wrong. Numerous cases have been dropped in recent years due to improper calibration or insufficient maintenance of these machines, causing skewed results. This adds another potential defense to an experienced attorney’s arsenal. If you are facing a DWI charge, here are some of the questions you may have:

What happens if I am convicted of a DWI in New Jersey?

Though New Jersey has updated its DWI laws in hopes to better deter first-offenders from repeating the offense, the consequences you may face can still have a lasting impact on your life. They are as follows:

  • Mandatory use and installation of the ignition interlock device at your own cost for 3-6 months
  • A 30-day license suspension
  • A fine between $250-$500
  • 12-48 hours at the Intoxicated Driver Resource Center
  • Up to 30 days of imprisonment

What are the consequences of a second DWI in New Jersey?

If this is your second DWI, you will face an even more hostile courtroom. You may face the following consequences for a second DWI offense in New Jersey:

  • Up to 90 days of imprisonment
  • A 2-year loss of license
  • A $1000 yearly surcharge for 3 years
  • A $100 Alcohol Education and Rehabilitation Fund Fee
  • A $100 fee towards Drunk Driving Fund
  • A $75 fee towards Neighborhood Services Fund
  • 12-48 hours in the Intoxicated Driver Resource Center
  • A fine between $500-$1000

Will I lose my license forever if I am convicted of a third DWI?

There is a chance you may permanently lose your license for a third DWI offense in New Jersey. Make no mistake, for a third DWI offense, you absolutely need an experienced attorney on your side. You may face the following penalties:

  • Up to 180 days of imprisonment
  • 10-year loss of license
  • A $1500 yearly surcharge for 3 years
  • Between 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
  • A $1000 fine
  • A $100 Alcohol Education and Rehabilitation Fund Fee
  • A $100 fee to the Drunk Driving Fund
  • A $75 fee to the Neighborhood Services Fund

Contact our experienced New Jersey firm

Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.