Breathalyzer Tests Are Not Always Accurate

Breathalyzer Tests Are Not Always Accurate

DWIs have lasting impacts on the lives of thousands, perhaps millions, across the country. However, in recent times, there have been more and more reports coming out regarding attorneys having DWI charges for their clients dropped due to faulty breathalyzer tests.

While these have long been lauded as the final say in determining whether someone is under the influence of alcohol, people are discovering that very often, police do not calibrate the devices properly, and in some instances, police stations do not ensure their machines are properly maintained, resulting in skewed test results. This gives us just one more potential defense that we can use to keep you out of trouble. Here are some of the questions you may have if you have been charged with a DWI in New Jersey:

What are the consequences of a first-offense DWI in New Jersey?

Since New Jersey has recently updated its DWI laws, set to go into effect December 1st, these are the consequences you will face for a first-offense DWI:

  • The mandatory installation and use of the ignition interlock device for 3-6 months
  • 30-day license suspension
  • A fine between $250-$500
  • 12-48 hours at the New Jersey Intoxicated Driver Resource Center (IDRC)
  • Up to 30 days of imprisonment

What should I do after receiving a second DWI?

When you receive a second DWI, the most important thing you can do is reach out to an attorney as soon as possible. The courts will treat you as a repeat offender, so you need an attorney who will rigorously come to your defense.

  • 90 days of imprisonment
  • 2-year license forfeiture
  • The installation and use of the ignition interlock device
  • A fine between $500-$1000
  • 12-48 hours in New Jersey’s Intoxicated Driver Resource Center
  • $100 to the Drunk Driving Fund
  • $75 to the Neighborhood Services Fund

Will I lose my license forever after receiving a third DWI in New Jersey?

If you are charged with a third DWI offense, you run the risk of permanently losing your license. That is why you need an attorney who is ready to aggressively fight your charges. Here are some of the consequences you may face for a third DWI in New Jersey:

  • 180 days of imprisonment
  • 10-year license forfeiture
  • A $1000 fine
  • The installation and use of an ignition interlock device
  • A $1,500 surcharge each year for 3 years
  • Between 12-48 hours in the Intoxicated Driver Resource Center
  • $100 to the Alcohol Education and Rehabilitation Fund
  • $100 to the Drunk Driving Fund
  • $75 to the Neighborhood Services Fund

Contact our experienced New Jersey firm

Thomas DeMarco & Associates, LLC is an experienced Camden County criminal defense law firm located in Mt. Ephraim, New Jersey. We understand how potentially damaging a criminal can be, which is why we pride ourselves in our willingness to fight for our client’s rights. Our firm handles all criminal matters and is ready to provide you with our knowledgeable legal counsel. Do not hesitate to contact our firm to discuss your legal situation.

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