Being arrested for driving while intoxicated (DWI) in New Jersey can affect your immediate and long-term future in many ways. To some degree, the consequences of a DWI in NJ can depend on your career.
For example, maybe you're a physician assistant (PA). If so, criminal penalties aren't the only outcome of a DWI case you may need to worry about. If you're convicted of a DWI (or DUI, as many other states call it), it could give the State Board of Medical Examiners (referred to going forward as “the Board”) a reason to take disciplinary action against your professional license.
At the Lento Law Firm, our Criminal Defense Team understands the way our services can overlap with professional license defense cases when a client's professional license is in jeopardy because of NJ DWI charges. We're prepared to offer a defense that protects both your freedom and your job. Learn more about how we can help by submitting your information via our online contact form or by calling our offices today at 888-535-3686.
What Constitutes a DWI in New Jersey?
New Jersey's DWI law states that someone commits a DWI in the Garden State when they operate a motor vehicle in any of the following conditions:
- Under the influence of alcohol, a narcotic, a hallucinogenic drug/substance, or a habit-producing drug
- With a blood alcohol concentration (BAC) of 0.08 percent or more
The law also states that a motorist doesn't actually have to be the one driving a vehicle to be charged with a DWI in New Jersey. Someone may commit a DWI if they allow an intoxicated person to drive a vehicle they own or are otherwise in control of.
Don't make the mistake of speaking with the police directly if you've been arrested for a DWI. Remember, anything you say will likely be used against you. Protect yourself now by contacting our Criminal Defense Team at the Lento Law Firm.
Potential DWI Penalties in NJ
Factors such as whether this is a first offense and how high a driver's BAC is at the time of arrest can influence the penalties they may face when charged with a DWI in NJ.
If this is someone's first DWI, and their BAC when arrested was 0.08 percent or higher but lower than 0.10 percent, the criminal penalties they may face include:
- A fine of $250 to $400
- A term of imprisonment of up to 30 days
- Forfeiture of the right to operate a motor vehicle in New Jersey until one has installed an ignition interlock device in one's primary vehicle
If this is someone's first DUI and their BAC is 0.10 percent or more when they're arrested, the potential fine increases to $300 to $500. In addition, they may voluntarily install an ignition interlock device BEFORE A CONVICTION and request a special driver's license indicating they have the right to operate a vehicle with such a device installed.
The Impact a DWI Can Have on a Physician Assistant's Career in New Jersey
The criminal penalties of a DWI aren't the only potential consequences a physician assistant may face if they're convicted in NJ. Per New Jersey law, the Board has the authority to take disciplinary action against the license of a PA who has been convicted of “a crime relating adversely to the activity regulated by the board.” For the purposes of the law, a plea of guilty, nolo contendere, or a similar plea is enough to qualify as a conviction.
It's also important to understand that the law requires a physician assistant in NJ to self-report any relevant arrest or charges. Thus, even if you haven't been convicted, if you're a PA who's been arrested for a DWI, you still need to report the matter to the Board.
Various factors can determine whether the Board will proceed with an investigation or disciplinary action upon learning of an arrest. However, a conviction will give the Board reason to consider such action. Forms of disciplinary action the Board can take against a PA's license in NJ include:
- Refusing to issue a license or renew a license
- Suspending a license
- Revoking a license
- Limiting or restricting a license
- Placing a PA on probation
A strong criminal defense can guard against such consequences. The Board may have less justification to take action against a physician assistant's license if prosecutors are unable to secure a conviction against a NJ physician assistant charged with a DWI.
At the Lento Law Firm, our Criminal Defense Team understands how criminal charges and convictions can affect the licenses of medical professionals like yourself. Our defense can help you protect a career you've worked hard for.
Additional Professional Consequences of a DWI if You're a Physician Assistant
The disciplinary action the Board may take against the license of a PA with a DUI conviction in NJ can deprive them of the privilege to continue practicing in the state, at least temporarily. However, even if the Board doesn't take such action, a DWI conviction can nevertheless result in such professional consequences as:
- Damage to a physician assistant's reputation: If potential employers learn that a PA has been convicted of a DWI, they may be less inclined to hire them. Similarly, patients may be wary of receiving treatment from a PA with a conviction that could indicate they struggle with substance abuse issues.
- Limiting driving privileges: Except in cases involving such factors as a very high BAC or similar factors, a physician assistant convicted of a DWI may still retain the right to drive for work after a conviction. Regardless, a conviction can nevertheless limit a PA's driving rights/privileges for a period, which could, in turn affect their ability to see patients or perform other work-related tasks.
- Affecting reputation among colleagues: A PA may have to operate in an uncomfortable work environment if their colleagues learn of their DWI conviction. Even if the Board doesn't take disciplinary action, a physician assistant may find their peers treat them with less trust or respect after being convicted of a DWI or similar crime.
This isn't necessarily meant to worry you. However, it is vital to consider the numerous ways a DWI conviction can affect your life or career if you're facing charges now.
Take the matter seriously and enlist the help of legal professionals qualified to handle a case like yours if you're a NJ physician assistant arrested for a DWI. At the Lento Law Firm, our Criminal Defense Team will tailor our services to your unique needs.
The Lento Law Firm Helps: Potential Defenses When a NJ Physician Assistant Faces DWI Charges
Because we tailor our approach to the specific circumstances of each client, there's no way to say exactly how we'll handle your defense. We need to learn about the details of your case to determine how we'll approach it.
That said, the following are a few examples of common defense strategies that we might employ when defending a client accused of driving drunk or high:
- Challenging the reason for a stop: Police need probable cause to pull someone over in New Jersey. For example, a cop needs to witness you speeding, driving erratically, or otherwise driving in an unsafe or illegal manner to justify stopping you. We could thus defend a client by showing the police lacked good cause to stop their vehicle.
- Challenging the field sobriety test: New Jersey police must follow certain standardized procedures when performing field sobriety tests. If prosecutors are trying to use the results of a field sobriety test as evidence against a client, or if police used the results of such a test to justify an arrest, we may be able to challenge the results by showing that the officer who administered the field sobriety test failed to follow appropriate procedures when doing so.
- Challenging breathalyzer results: There are numerous potential grounds on which we may challenge the results of a breathalyzer test. As with a field sobriety test, we can challenge this evidence if the police didn't administer the test correctly. On top of that, many don't realize the extent to which breathalyzers and other such devices can yield false readings. These devices require regular calibration to ensure accuracy. By reviewing calibration and maintenance records, we may find that a breathalyzer had a good chance of delivering an inaccurate result when police administered a test.
Again, those are general examples. We'll review your case and answer your questions to help you better understand the specific ways we may handle your DWI charges.
Contact the Lento Law Firm if You're a New Jersey Physician Assistant Charged With a DWI
A DWI arrest can have significant implications for everything from your career to your driving rights if you're a New Jersey physician assistant. Luckily, help is available when you're facing charges. At the Lento Law Firm, our Criminal Defense Team, equipped with an understanding of professional license defense matters, is on hand to defend you now. Get started today by submitting your information online or by calling our offices at 888-535-3686.
