New Jersey DUI Defense Attorneys
While New Jersey does not consider most alcohol related traffic violations criminal, the penalties can be severe including excessive, fines, loss of driving privileges and the imposition of a jail sentence. Aside from the financial consequences, a charge of driving while intoxicated or any offense including drugs or alcohol can carry a heavy emotional toll.
We are a team of experienced attorneys who can help you understand the penalties you are facing and how best to defend your charges. We aim to make sure our clients are well informed as to the consequences of each plea and how to successfully navigate the complex legal system.
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Driving while intoxicated is defined as anyone operating a motor vehicle (key in the ignition – even if the vehicle is not moving) with a BAC (blood alcohol content) of .08% or more.
Keep in mind, you can still be charged with a DWI even if your BAC is less than .08% if you shows signed of impairment. This is usually tested by a field sobriety test. It is also a violation to operate a motor vehicle under the influence of certain drugs.
Penalties for a DWI conviction are as follow:
1st Offense
08%-.10% BAC
$250 – $400 fine
Jail sentence up to 30 days
Suspension of driving privileges for 3 months (until interlock is installed)
IDRC (Intoxicated Driver Resource Center)
NJ State surcharge of $1,000 a year for 3 years.
10%-.15% BAC
$500 fine
Jail sentence 10-90 days
Additional 1-2 year suspension of driving privileges
$100 Drunk Driving Enforcement Fund Fee
$100 restoration Fee
$100 Intoxicated Driver Program Fee
$50 Violent Crimes Compensation Fund Fee
$75 Safe and Secure Community Program Fee
2nd Offense
08%-.10% BAC
$500 – $1,000 fine
1-2 year suspension of driving privileges
Up to 90 days in jail
IDRC (Intoxicated Driver Resource Center)
30 days of community service
10%-.15% BAC
Interlock installation for 2-4 years
$100 Drunk Driving Enforcement Fund Fee
$100 restoration Fee
$100 Intoxicated Driver Program Fee
$50 Violent Crimes Compensation Fund Fee
$75 Safe and Secure Community Program Fee
NJ State surcharge of $1,000 a year for 3 years
3rd Offense
08%-.10% BAC
$1,000 fine
8 year loss of driving privileges
180 days in jail (or reduction if inpatient treatment is sought)
IDRC (Intoxicated Driver Resource Center)
30 days of community service
10%-.15% BAC
Interlock installation for 2-4 years
$100 Drunk Driving Enforcement Fund Fee
$100 restoration Fee
$100 Intoxicated Driver Program Fee
$50 Violent Crimes Compensation Fund Fee
$75 Safe and Secure Community Program Fee
NJ State surcharge of $1,500 a year for 3 years
*Penalties are drastically enhanced for DWI charges resulting in a motor vehicle accident. The Judge can impose a mandatory jail sentence of 45-180 days and a revocation of your vehicle registration.
*Penalties for DWI with a minor in the vehicle can carry additional charges such as child endangerment, community service and an additional term of license suspension.
Underage Drinking
Consuming, purchasing or possessing alcohol if you are under the age of 21 is a serious criminal offense in New Jersey. Serving or providing alcohol to someone underage can carry serious penalties as well.
New Jersey also has a ZERO TOLERANCE policy when it comes to anyone under the age of 21 who is caught driving with any amount of alcohol in their system.
Caught Purchasing Or Drinking Alcohol
A fine up to $500
Alcohol education treatment program
Loss of driving privileges up to 6 months
Caught Driving With ANY Alcohol In Their System
15-30 days of community service
Alcohol education treatment program
Loss of driving privileges for 1-3 months
Open Container Law
1st Offense – $200 fine
2nd Offense – $250 fine or 10 days of community service.
Refusal
1st Offense
$300 – $500 fine
12 hours IRDC
License suspension pending interlock device installation
30 days of community service
Interlock installation for 9-15 months
$100 Drunk Driving Enforcement Fund Fee
NJ State surcharge of $1,000 a year for 3 years
If you refused to submit to a breath test or field sobriety test you may be subject to ADDITIONAL penalties on top of those already imposed for a DWI conviction.
2nd Offense
$500 – $1,000 fine
48 hours IRDC
2 year loss of driving privileges
Interlock installation for 2-4 years
$100 Drunk Driving Enforcement Fund Fee
NJ State surcharge of $1,000 a year for 3 years
3rd Offense
$1,000 fine
Interlock installation for 2-4 years
8 year loss of driving privileges
$100 Drunk Driving Enforcement Fund Fee
NJ State surcharge of $1,000 a year for 3 years
$100 Drunk Driving Enforcement Fund Fee
NJ State surcharge of $1,000 a year for 3 years
Driving While Suspended Due To A DWI Conviction
$500 fine
10-90 day jail sentence
Revocation of vehicle registration
1-2 year additional suspension of driving privileges
We Strive For Client Satisfaction
Barry Schechner
I used Cohen & Bernstein, LLC (Jennifer, Lindsay & Ronen) for a personal matter and they were excellent. Very professional, courteous and I received all correspondence in a timely manner.
Jonathan Hernandez
For many years I have wanted to change my last name to math that of the my step father who raised me like one of his own. Jennifer and her team were amazing!
Mike Sees
I had a very good experience with this legal firm. My attorney Jennifer Valencia was awesome! She was always available to take any questions and handled my case perfectly. I really appreciated all of her assistance.
Be Down
Amazing customer service, magnificent attorneys 100% recommend them that is seeking for help.
Joseph Malek
This law firm received the highest rating from me for returning my call after hours, following through, being honest, informing me of the steps and expectations, and expeditiously closed this case with no points and less money than the original ticket.
Fathey M. Abdullah
I came across Lindsay Bernstein, Esq. as she was an attorney representing another defendant when I was at my initial hearing. After I spoke with the prosecutor about my charge, I knew I needed help.
Ronen Cohen, Esq.
Ronen received his undergraduate degree from Rutgers University in 2004 and his Juris Doctorate from Seton Hall Law School in 2007.
Mr. Cohen, Esq, has extensive experience navigating through the Court systems in NY and NJ and dealing with all client related issues.
He is always keeping up with new changes in the law and court procedure to ensure your case is handled flawlessly.
Lindsay Bernstein, Esq.
Lindsay received her B.A. at Drew University in 2003 and her Juris Doctorate from Syracuse University College of Law in 2006.
For the past 13 years, Ms. Bernstein, Esq. has dedicated herself to the practice of all Municipal Court and Criminal Matters. She prides herself on building strong relationships with each client and providing them with the legal and emotional support to navigate the legal system.
Ms. Bernstein handles every facet of the case ensuring all protocol is followed and providing each client with the dedication they deserve.
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