Driving while intoxicated (DWI) or driving under the influence (DUI) is not only a serious offense in New Jersey but also one surrounded by misinformation. These myths often lead individuals to underestimate the gravity of their situation or to make decisions that complicate their defense.
In this guide, we’ll address the top five myths about DWI/DUI charges in New Jersey and explain the truth behind each misconception. Armed with this knowledge, you can make informed decisions and protect your future.
1. “Refusing to Take a Breathalyzer Test Will Prevent a DWI Charge.”
One of the most pervasive myths about DWI charges is that refusing a breathalyzer test eliminates the possibility of being charged. However, New Jersey’s implied consent law makes it clear that refusal has serious consequences. When you obtain a driver’s license in New Jersey, you agree to submit to chemical testing when requested by law enforcement. Refusing a breathalyzer test triggers automatic penalties, such as:
- A separate refusal charge on your record.
- License suspension of 7–12 months for a first offense and longer for subsequent refusals.
- Fines and surcharges that can quickly escalate.
Law enforcement officers are also trained to gather evidence beyond chemical tests. Observations of erratic driving, the smell of alcohol, slurred speech, and even the results of field sobriety tests can still lead to a conviction. Refusal often complicates the legal process, but an experienced attorney can analyze the circumstances of your case, potentially challenging the evidence or procedure used during the stop.
2. “First-Time Offenders Don’t Face Harsh Penalties.”
A common misconception is that first-time offenders will receive a “slap on the wrist” for DWI charges. In New Jersey, this couldn’t be further from the truth. The state enforces some of the toughest penalties in the nation, even for first-time violations, as part of its commitment to reducing impaired driving. Consider the following:
- Fines can range from $250 to $500, depending on the circumstances.
- License suspension for BAC levels over 0.08% can last from 90 days to one year, with higher BAC levels often resulting in longer suspensions.
- Mandatory installation of an Ignition Interlock Device (IID): Recent amendments to New Jersey law require the installation of an IID for all DWI and refusal convictions, even for first offenses. This device prevents a vehicle from starting if alcohol is detected in the driver’s system and must remain installed for a specified period after license reinstatement.
- Mandatory attendance at an Intoxicated Driver Resource Center (IDRC): Offenders must complete this program, which includes education and treatment referrals, to regain driving privileges.
Penalties can become even more severe if aggravating factors are present, such as involvement in an accident or having a minor in the vehicle at the time of the offense. Understanding the full scope of these consequences underscores the importance of hiring a skilled DWI attorney. Mark H. Jaffe can help first-time offenders navigate the legal process, minimize penalties, and safeguard their future.
3. “You Can’t Be Charged If You Weren’t Driving.”
This myth stems from a misunderstanding of what it means to be “in operation” of a vehicle under New Jersey law. While you may not have been actively driving, the mere act of sitting in the driver’s seat with the keys in the ignition could be enough to support a DWI charge. Some scenarios that might surprise you include:
- Sitting in your car to "sleep it off" while intoxicated.
- Idling in a parking lot or at the side of the road.
- Being in control of the car’s keys, even if the engine is off.
Law enforcement officers evaluate your intent and ability to operate the vehicle, which makes these situations more complex than they seem. If charged, an experienced DWI defense attorney can analyze the circumstances to challenge the prosecution’s case and present evidence that may favor a dismissal or reduced penalties.
4. “You Can’t Fight a DWI Charge.”
This myth can lead to unnecessary pleas of guilt and acceptance of maximum penalties. While it may seem like DWI cases are impossible to fight, many defenses can be raised with the help of a skilled attorney. Here are some areas a legal expert will investigate:
- Breathalyzer accuracy: These machines require meticulous maintenance and calibration. Any error in their operation could invalidate the results.
- Police conduct: Did the officer follow proper procedures during your traffic stop, arrest, and chemical testing? If not, evidence may be excluded.
- Health conditions: Certain medical conditions, such as acid reflux or diabetes, can produce false positives in breathalyzer tests.
Field sobriety tests are subjective and influenced by environmental factors or physical impairments unrelated to alcohol consumption. An experienced defense attorney will use these potential weaknesses to craft a compelling defense tailored to your case.
5. “Hiring an Attorney Is Too Expensive.”
Many people assume that hiring a DWI attorney is a luxury they cannot afford, but the consequences of navigating the legal system without representation can be far more costly. For instance:
- Increased auto insurance premiums for years.
- Missed job opportunities due to a criminal record.
- Ongoing costs for court-mandated programs, fines, and penalties.
- Expenses for an Ignition Interlock Device (IID): The installation and maintenance of these devices can add hundreds, if not thousands, of dollars to the financial burden of a conviction.
Investing in a knowledgeable DWI lawyer often saves you money by minimizing these penalties and ensuring your rights are protected. Mark H. Jaffe Attorney at Law provides cost-effective solutions with a commitment to securing the best outcomes for his clients.
The Role of a New Jersey DWI Attorney
Navigating DWI charges without legal support can feel overwhelming. A skilled attorney brings invaluable expertise to the table, including:
- Understanding local court procedures and relationships with prosecutors.
- Negotiating plea deals to reduce charges or penalties.
- Presenting compelling evidence to challenge the state’s case.
With Mark H. Jaffe, you can rest assured that every aspect of your defense will be handled with care and precision, giving you the best chance to move forward.
Contact Mark H. Jaffe Attorney at Law for Skilled DWI Defense in New Jersey
Facing DWI charges? Take action now to secure your future. Mark H. Jaffe Attorney at Law serves clients across New Jersey, including Princeton, Trenton, Hamilton, Lawrence Township, West Windsor, East Windsor, Plainsboro, and surrounding areas. With years of experience defending clients against DWI/DUI allegations, Mark H. Jaffe has earned a reputation for delivering tailored legal strategies that protect your rights and minimize the impact of these charges.
Whether you need clarification on a legal myth or a robust defense strategy, our firm is here to help. Don’t let misconceptions dictate your next steps. Schedule a consultation today and let Mark H. Jaffe guide you through the legal process with compassion, knowledge, and confidence.
Don’t delay – 866-930-1914 or visit our website now to start building your defense. With legal deadlines and evidence at stake, time is of the essence. Take control of your case today.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The laws surrounding DWI/DUI charges in New Jersey are complex and subject to change. For personalized legal guidance tailored to your situation, consult with a qualified attorney.
