What Are the Consequences for a Halloween Night DWI?

halloween cocktail drinks

If you are attending a party on Halloween night, and you plan on drinking, you must plan the proper transportation to get home safely. If not, you are not only running the risk of putting yourself and others on the road in danger but also of receiving a DWI charge. Follow along to find out the consequences of receiving a DWI this Halloween and how a proficient Middlesex County DWI attorney at the Law Office of Michael A. Policastro can work to assess your case and build possible defenses.

What are the penalties for a DWI on Halloween night?

Law enforcement officers really crack down on DWIs on Halloween night. But nonetheless, the penalties will be similar to that of any other day, and they read as follows:

  • First-offense DWI:
    • Jail for 30 days, at most.
    • License suspension for 30 days, at most.
    • Fines at between $250 to $400.
    • The requirement to install an ignition interlock device in your vehicle, for between three to six months, at your own cost.
    • The requirement to attend the New Jersey Intoxicated Driver Resource Center (IDRC) for between 12 to 48 hours.
  • Second-offense DWI:
    • Jail for 90 days, at most.
    • License suspension for two years.
    • Surcharge at $1,000 yearly for three years.
    • Fines at between $500 to $1,000.
    • Additional fines (i.e., Alcohol Education and Rehabilitation Fund, Drunk Driving Fund, and Neighborhood Services Fund).
    • The requirement to attend the New Jersey IDRC.
  • Third-offense DWI:
    • Jail for 180 days, at most.
    • License suspension for three years.
    • Surcharge at $1,500 yearly for three years.
    • Additional fines (i.e., Alcohol Education and Rehabilitation Fund, Drunk Driving Fund, and Neighborhood Services Fund).
    • The requirement to attend the New Jersey IDRC.

Am I able to challenge my DWI?

If you believe that you were wrongly charged with a DWI on Halloween night, then you may be able to challenge it. For example, when the law enforcement officer pulled you over to conduct field sobriety tests, they must have made you fully aware of what you expected to do. So, if you were not advised on the specific rules of the tests and you did not have a fair chance of passing, then you may make this argument. If done right, then you may make your stop inadmissible in the New Jersey court.

Another example is the 20-minute rule. This rule requires that the law enforcement officer examine you for at least 20 minutes before administering a chemical breath test to you. If you are able to successfully challenge this, then you may make your test results blocked from the New Jersey court.

To effectively make these challenges in the presence of the New Jersey court, then you must acquire the legal representation of one of the talented Middlesex County criminal defense lawyers. Give us a call at your earliest convenience.

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