DWI Defense in Salem County

The majority of arrests for driving while intoxicated (DWI) in New Jersey are the result of alcohol consumption by the driver. Over the last few years, the number of such arrests related to operating under the influence of drugs has been on the rise. This trend is expected to continue with the implementation of New Jersey's Medicinal Marijuana Program.

While the technology for detecting and measuring alcohol consumption is well-established by using a breath test, challenges exist for law enforcement in detecting drug-related impairment. Agencies of law enforcement statewide have been training officers to be drug recognition experts (DRE) to better address these concerns.

New Jersey DWI Arrests[1]

2017

2016

2015

2014

25,804

26,724

27,500

27,772

Driving While Intoxicated (DWI) (39:4-50)

Motorists are prohibited from operating a vehicle while under the influence of “intoxicating liquor, narcotic, hallucinogenic or habit producing drug.” For operation while under the influence of alcohol, the legal limit is a blood alcohol concentration (BAC) of .08%.

“Drugged” Driving

Drivers are also prohibited from operating a vehicle while under the influence of drugs. The law explains that this applies to any chemical or substance that may create “intoxication, inebriation, excitement, stupefaction or dulling of the brain or nervous system.” Many other substances are also included such as marijuana, inhalants such as nitrous oxide, benzene, and more.

New Jersey Legislative Changes

Recently, New Jersey became the 34th state to mandate that all DWI offenders have an ignition interlock device (IID) installed on their vehicle. These are devices that require the driver to submit a breath sample to detect alcohol before operating a vehicle. The employment of IIDs is now largely favored to suspending the offender's driver's license.

DWI: First-Time Offender Penalties

  • If the driver's BAC is .08 to .10% they will have their driver's license suspended for 30 days and a maximum of $400 fine imposed. An IID may be required on the vehicle for up to six months. All offenders must also attend an Intoxicated Drivers Resource Center program or other similar alcohol safety classes.
  • If the driver's BAC ranges from .10 to .15% or involves driving under the influence of drugs, they will have their driver's license suspended for 45 days and be fined up to $500. The IID installation requirement may be imposed for up to one year.
  • Offenders with a BAC exceeding .15% with have an automatic 90-day driver's license revocation and be fined of up to $500. The driver may be ordered to maintain an IID for up to 18 months.

Consent to Chemical Testing Requirement (39:4-50.2)

New Jersey motorists are deemed to have provided consent to comply with any request from a law enforcement officer to submit to chemical testing. This is applicable when an officer of law enforcement has reasonable grounds to suspect driver impairment.

Driver Refusal to Submit (39:4-50.4a)

Failing to comply with an officer's request to submit to testing is prohibited. Various penalties may be imposed independently of the DWI charges for failing to comply, including the revocation of driving privileges. 

Experienced Defense Attorney for DWI in Salem County

Prosecutors in cases of driving while intoxicated are increasingly imposing more stringent penalties on offenders. This is largely the result of the number of injuries and fatalities that occur annually from impaired driving. Attorney Joseph D. Lento has spent years defending clients in these cases and achieving positive outcomes. Contact the office today at (888) 535-3686.


[1] https://www.nj.com/news/2018/05/dwi_dismissals_are_on_the_rise_heres_why.html

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When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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