Drivers can face serious consequences when they are charged with Driving While Intoxicated (DWI). If a driver’s blood alcohol concentration (BAC) is found to be over the legal limit of 0.08%, they may be charged with a DWI. A law enforcement officer can determine a person’s BAC through the use of a Breathalyzer or an Alcotest.
There are some cases in which a driver’s BAC is significantly higher over the legal limit. In the event of this, the driver may receive an entirely different charge than a regular DWI. If a driver is found with a BAC over 0.10% they may be charged with a High BAC DWI. New Jersey courts and law enforcement are strict in charging and penalizing those who drive while intoxicated. These charges and penalties may intensify for those with a High BAC DWI charge.
Penalties of a High BAC DWI
When a law enforcement officer pulls over a driver with a High BAC, they take the offense very seriously. Drivers with a BAC of 0.10% or higher may face the following consequences:
- Up to 30 days in jail
- A suspended driver’s license for 7-12 months
- A fine between $300 and $500
- $100 to the Alcohol Education and Rehabilitation Fund
- $100 to the Drunk Driving Fund
- $75 to the Neighborhood Services Fund
- 12-48 hours in the Intoxicated Driver Resource Center
- The installation of an ignition interlock device during the license suspension and between 6-12 months after its restoration
The state of New Jersey does not issue hardship license to drivers. A hardship license is a license that is issued after the suspension of a regular license. It allows individuals to drive under certain circumstances. A driver charged of a High BAC DWI in the state of New Jersey is not able to request this license for any work or school necessities.
Defending a High BAC DWI
When an individual is facing a High BAC DWI charge, it is important to know the options they have for defense. When a law enforcement officer stops a driver under the suspicion of drunk driving, they must follow a certain process and rules before they can charge the driver. This may include:
- A lawful stop: A police officer is required to have probable cause for stopping a driver on the road. If they did not, the arrest may be unlawful and the evidence may be thrown out of court.
- Field sobriety tests: In order to determine a driver’s level of toxicity, a law enforcement officer may conduct a series of sobriety tests. These tests must be administered by following the correct guidelines. If they are not, the evidence may be inadmissible in court.
- A breath test: When an officer pulls over a driver for a suspected DWI, a breath test cannot be administered right away. The officer must conduct an assessment of the driver and their condition for at least 20 minutes before administering the test.
Contact our Firm
If you have been charged with aggravated driving while intoxicated and wish to speak with an experienced attorney, contact the Law Office of Michael A. Policastrotoday.
If you have been charged with a crime in New Jersey, it is essential to retain the quality legal services of an experienced criminal defense attorney. Contact the Law Office of Michael A. Policastro today to schedule a consultation so we can discuss your situation.
