Being convicted of driving while intoxicated (DWI) in New Jersey can result in criminal penalties that may significantly impact a motorist's finances, career, and freedom. If you're a physician, a New Jersey DWI conviction could also put your professional license at risk.
This is one of many reasons to take the matter seriously if you're a New Jersey doctor who's been arrested for a DWI. Be proactive now and enlist the help of lawyers qualified to defend you against these charges.
At the Lento Law Firm, our Criminal Defense Team will offer peace of mind—and dedicated representation—during what may otherwise be a stressful time. Find out more about our New Jersey DWI defense services for physicians by submitting your information via our online contact form or by calling our offices today at 888-535-3686.
Statistics on Alcohol and Substance Abuse Among Medical Professionals
Doctors and other such medical professionals have stressful jobs. As such, they may be particularly prone to substance and alcohol abuse.
Current research on the topic points out that different methods of studying this issue will yield different results. That said, the rate of alcohol and substance abuse among doctors tends to be greater than average when compared to the overall population.
Research also indicates that the stress medical professionals experienced during the COVID-19 pandemic may have triggered an increase in substance abuse among nurses. Although research into the topic is still minimal, there's reason to conclude this would hold true of physicians as well.
Being a doctor is a stressful job. It's also an important one. At the Lento Law Firm Criminal Defense Team, we can help you fight DWI charges. In doing so, we'll also be helping you fight for a career you've worked hard for.
What Constitutes Drunk or Impaired Driving in New Jersey?
New Jersey law states that someone is essentially automatically guilty of drunk or impaired driving if they operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. However, contrary to what some may assume, this doesn't necessarily mean that you can't be convicted of a DWI in New Jersey if your BAC was lower than 0.08 percent when the cops stopped you.
Someone may be charged with a DWI in New Jersey whenever they operate a motor vehicle while alcohol is negatively impacting their ability to do so safely. Even if their BAC is “below the limit,” if alcohol prevents them from operating a vehicle responsibly, the police can still arrest them.
Alcohol also isn't the only substance that can lead to a DWI in New Jersey. The law establishes that it's illegal to operate a motor vehicle in the state while under the influence of any narcotic, hallucinogen, or potentially habit-forming drug.
You Don't Have to be the One Driving to Be Charged with a DWI in New Jersey
New Jersey's DWI law includes language indicating someone doesn't necessarily have to be in the driver's seat of a vehicle to be charged with a DWI in the Garden State. A motorist in NJ can also face DWI charges if they allow someone impaired by alcohol or other such substances to operate a motor vehicle they own or otherwise have control of.
In other words, if you let someone drive your car when you knew they were drunk or impaired by drugs, the fact that you weren't driving doesn't mean you'll avoid trouble.
Criminal Penalties for a First DWI in New Jersey
The penalties for a first DWI when a motorist's BAC is less than 0.10 percent are as follows in New Jersey:
- A fine of $250 to $400
- Up to 30 days in jail
- Forfeiture of one's driver's license until they install an ignition interlock system, which must remain installed in their vehicle for a minimum of three months
- Participating in an Intoxicated Driver Resource Center program for at least six hours a day for two consecutive days
- An automobile insurance surcharge of $1,000 a year, to last three years
Even if this is only a motorist's first DWI, penalties may be more severe based on aggravating factors, such as a high BAC. The penalties for a first DWI in New Jersey when someone's BAC is 0.10 percent or greater, but less than 0.15 percent, are:
- A fine of $300 to $500
- Up to 30 days in jail
- Forfeiture of one's driver's license until they install an ignition interlock system, which must remain installed in their vehicle for seven months to a year
- Participating in an Intoxicated Driver Resource Center program for at least six hours a day for two consecutive days
- An automobile insurance surcharge of $1,000 a year, to last three years
Be aware that the penalties are technically the same regardless of whether a motorist was driving or whether they allowed someone else to drive their vehicle while impaired. In the eyes of New Jersey law, both acts qualify as a DWI. However, depending on the circumstances, the fact that a client wasn't driving may be a factor our Lento Law Firm Criminal Defense Team could account for when working on a defense strategy.
Additional Penalties When a Doctor Gets a DWI in New Jersey
Along with the criminal penalties mentioned above, a DWI in New Jersey can also result in:
- A $100 surcharge for the Drunk Driving Enforcement Fund
- A Motor Vehicle Commission restoration fee of $100
- An Intoxicated Driving Program fee of $100
- A fee of $50 for the Violent Crimes Compensation Fund
- A fee of $75 for the Safe and Secure Community Program
Again, it's also vital to consider the way a DWI conviction may jeopardize your career if you're a physician. Guard against these consequences by working with attorneys from our Lento Law Firm Criminal Defense Team.
Common Defenses When Physicians Face DWI Charges in New Jersey
The proper defense for you will depend on the nature of your case and its specific details. We need to learn about your charges and the circumstances of your arrest to determine the ideal strategy for your case.
That said, the following are a few potential defenses our lawyers may use when defending physicians charged with DWIs in New Jersey:
- Illegal stop: The police need “probable cause” to pull someone over and arrest them for a DWI. They need reasonable evidence of wrongdoing or a violation to stop a motorist. Thus, one potential defense in a DWI case could involve showing the police didn't have probable cause to stop a motorist.
- Challenging BAC tests: Some drivers, unfamiliar with the way these technologies work, don't understand that Breathalyzers and other such devices police may use to test a motorist's BAC aren't necessarily accurate. The devices can provide false readings. Sometimes, this is due to a lack of proper maintenance and calibration. In other instances, a test may deliver an invalid or false result because the person administering the test didn't follow the proper procedure. Depending on the circumstances, we may defend a client by challenging the results of a BAC test.
- Citing failure to provide a 20-minute wait period: It's been shown that gum and other such items or foods can cause a Breathalyzer to deliver an inaccurate result if a person takes a BAC test too soon after chewing gum or consuming such items/foods. Because of this, police are supposed to observe someone for at least 20 minutes before administering a BAC test. We could challenge the results if they show that the cops didn't provide this waiting period.
- Challenging a field sobriety test: We may also challenge the validity of a field sobriety test's results on several grounds. For example, perhaps the conditions under which the police required a driver to perform a field sobriety test weren't ideal. A road that's wet from rain could make it difficult for a driver to perform certain steps in a sobriety test. Generally, we may also cite the margin of error for these tests to challenge their overall reliability.
- Citing rights violations: There are various ways the police could violate someone's rights during or after a DWI arrest. For instance, they may fail to let them contact an attorney when they request to do so. We'll analyze a case for any evidence of rights violations we could cite when implementing a defense strategy.
That's by no means a comprehensive list of all the ways we may defend someone in your position. Review your case with a member of our team for more insights into how we may specifically assist you based on the unique factors of your case.
Contact the Lento Law Firm if You're a New Jersey Doctor Facing DWI Charges
Anyone would feel confused and stressed after being arrested for a DWI. These feelings may be particularly strong if you're a doctor worried about the impact a conviction could have on your career.
One of the best steps you can take now is to coordinate with legal professionals who have experience handling cases like yours. At the Lento Law Firm Criminal Defense Team, our lawyers are prepared to review your case and offer a defense tailored to your specific needs. Get started today by calling us at 888-535-3686 or submitting your information through our online form.
