A Driving While Intoxicated (DWI) charge in New Jersey spells serious legal trouble for anyone, but particularly for professional license holders. DWI charges not only come with the potential for significant penalties, but they can also leave your professional reputation in tatters and jeopardize your career.
Understanding the criminal defense aspects of DWI charges is crucial for anyone in a position that involves a professional license. If you're a licensed professional facing DWI charges, call the Lento Law Firm's Criminal Defense Team at 888-535-3686 or contact us online today. We've helped numerous professionals protect their licenses. We want to help you, too.
What Is DWI in New Jersey?
In New Jersey, DWI (DUI, Driving Under the Influence, is often used and refers to the same offense) occurs when a person operates a motor vehicle under the influence of alcohol, drugs, or any other substance that impairs the driver's ability to operate the vehicle safely. The state enforces strict penalties for individuals caught driving with a blood alcohol content (BAC) of 0.08% or higher. However, even if a person has a BAC lower than this threshold, they can still be arrested for DWI/DUI if law enforcement officers believe their driving ability is impaired.
The penalties for a first offense can include fines ranging from $250 to $500, depending on your BAC. You may also face up to 30 days in jail, license suspension, and mandatory education or treatment programs. Subsequent offenses carry harsher penalties, such as longer license suspensions, more considerable fines, and longer jail time. The penalties are even more severe when the driver is involved in an accident, has a high BAC, or is a repeat offender.
Note that commercial motor vehicle operators holding a commercial driver's license (CDL) are held to a stricter BAC standard of .04%. A DWI conviction can result in a suspension of their regular driver's license for three months to a year, in addition to a one-year suspension of their CDL. A second DWI conviction will lead to the revocation of their CDL.
DWI Charges for Professional License Holders
For professionals in New Jersey who need a license to practice–doctors, nurses, teachers, lawyers, and so on–the consequences of a DWI charge go beyond criminal penalties. When a professional is charged with DWI/DUI, it can call into question their ability to perform their duties competently, responsibly, and ethically. For example, a DWI can cast doubt on a healthcare professional's ability to deliver safe and effective patient care or a teacher's or lawyer's moral character.
New Jersey regulatory bodies for professional licenses have a duty to ensure that professionals uphold the standards of their respective fields. Upon learning of a license holder's DUI charge, the licensing agency will review the circumstances and may decide to sanction the license holder. Typical sanctions include a formal letter of reprimand, probation, suspension, or license revocation. Obviously, such penalties can have disastrous consequences on the license holder's reputation, career, and livelihood.
Criminal Defense Strategies for DWI
After being charged with DWI, you may fear your career is over. However, having skilled criminal defense lawyers and a robust defense strategy can make all the difference. Several potential defenses to DWI exist, including:
Challenging the Stop and Arrest
In New Jersey, law enforcement officers must have a valid reason to stop a vehicle, such as erratic driving, a traffic violation, or reasonable suspicion of intoxication. The DWI charge could be dismissed if the officer didn't have probable cause to stop the vehicle. Additionally, the officer must follow proper procedures during the arrest. This includes giving a Miranda warning advising you of your rights and ensuring that the arrest complies with legal standards.
Invalid Breathalyzer Results
The breathalyzer test result may be one of the most important pieces of evidence in a DWI case, but these tests are not infallible. The Criminal Defense Team of the Lento Law Firm could challenge the accuracy of the breathalyzer result by questioning:
- Whether the breathalyzer was properly calibrated.
- Whether the officer administering the test followed the proper procedure.
- Whether you were given the required opportunity to contact an attorney before taking the test.
If the breathalyzer results are challenged successfully, it could significantly weaken the prosecution's case.
The Rising Blood Alcohol Content Defense
Another potential defense in a DWI case is the “rising blood alcohol content” defense. This defense argues that your BAC was below the legal limit at the time of driving but rose above the limit by the time the breathalyzer test was administered. This can happen if the driver had consumed alcohol shortly before being stopped, and the alcohol had not fully entered their bloodstream by the time the test was conducted.
Lack of Impairment
In some cases, even if your BAC is above the legal limit, you might not be impaired to the point where you can't drive safely. For instance, some individuals may have a higher tolerance for alcohol, and the impairment may not be evident in their driving behavior or ability to perform field sobriety tests.
Negotiation
The Lento Law Firm Criminal Defense Team may also engage in negotiations with the prosecutor to reduce the charges or penalties. This could include negotiating a plea deal that may avoid mandatory license suspension or reduce the severity of the criminal sentence.
Additionally, where relevant, we can show that you are taking steps to address underlying issues, such as attending alcohol treatment programs or counseling might influence the judge's sentencing. Professional license holders who are proactive in addressing the issue of substance abuse may be more likely to receive leniency.
Let the Lento Law Firm Help You
The experienced Criminal Defense Team of the Lento Law Firm is dedicated to helping professional license holders fight DWI charges. We thoroughly assess each case and develop a strategic defense to achieve the best possible outcome. Our goal is to minimize both any criminal penalties and the risk to your reputation and professional standing.
If you're a licensed professional charged with DWI, don't hesitate to talk to the Lento Law Firm today. Call our Criminal Defense Team at 888-535-3686 or contact us online. You've worked hard to obtain your license–don't take chances when defending it. Let us help you protect your reputation and career.
