What Happens at The Time My DWI Arrest?

Two things are going to happen at the time of your arrest; you will be detained and taken to a local jail, and your driver’s license will be suspended. Those consequences are unavoidable, but some can be avoided if you get the advice of an attorney familiar with the New Jersey’s DWI laws.

When you get to the jail, you will be fingerprinted, photographed and your personal information will be taken down, and you will have to undergo a medical evaluation.

As of January 2017, New Jersey began using a merit-based system to determine the parameters of an individual’s release from jail. Although some defendants may be asked to pay bail if they are a flight risk, most DWI offenders are released without a cash bail, but restrictions will apply.

You can be released without bail if you:

Are not a flight risk

Have not skipped previous court dates

Have ties to the community

Your first court appearance will be scheduled within a day of your arrest unless it occurred on the weekend. In that case, you will have to wait until the next business day. During your first appearance, you can enter a plea, and a judge will determine the terms of your release.

 

Hudson County Correctional Facility

30-35 Hackensack Ave.,

Kearny, NJ 07032

hudsoncountynj.org

 

Jersey City Police Department

207 7th St.,

Jersey City, NJ 07302

njjcpd.org

Inmate locator: http://www.state.nj.us/corrections/pages/index.shtml

Not all DWI stops go smoothly and sometimes a police officer uses more force than they should. When you have been subjected to police misconduct or excessive force, you should speak to a police brutality lawyer in Jersey City.

Your Driver’s License Will Be Suspended

Drivers with an out-of-state license will be subject to the DUI laws regarding license suspension in their state. So, if you are arrested for DUI in New York, your driver’s license will be suspended in your home state and New Jersey.

Drivers with an out-of-state license will be subject to the DUI laws regarding license suspension in their state. So, if you are arrested for DUI in New York, your driver’s license will be suspended automatically, in both states. When your license is suspended for DWI in New Jersey, and there is no chance to get limited driving privileges.

Refusing a breathalyzer or a chemical test is a violation of the state’s implied consent laws and will result in an automatic suspension of your driver’s license for one year.

What Happens Next?

Soon after your release from jail, you will have to appear for your arraignment during which you will enter your plea. Our criminal defense attorneys in New Jersey recommend you plead not guilty, which will give you the opportunity to challenge your DWI and possibly avoid conviction.

If you decide to go to court, your trial must be scheduled no later than 80 days.

Arrange a Case Evaluation with a DWI Lawyer in New Jersey

You might be thinking you don’t need a DWI lawyer, but you do because the penalties will have a greater impact on you than you realize. The criminal penalties alone can be overwhelming and costly. Your reputation is going to take a hit, and you could have difficulty getting to work.

Criminal penalties for a First DWI in Jersey City include:

First offense with a BAC of 0.08 percent up to 0.10 percent:

Jail: Maximum 30 days.

Fines: $250 to $500.

Driver’s License Suspension: 3 months to a year.

Ignition Interlock Device: Possible.

Other penalties: Mandatory 12 to 48 hours attendance at the Intoxicated Driver Resource Center (IDRC), Alcohol education course, community service and probation.

 

First offense with BAC above 0.10 percent:

Jail: Maximum 30 days.

Fine: $300 to $500.

License suspension: 7 months to one year.

Ignition interlock device: Six months to one year after driver’s license is restored.

Other penalties: Mandatory 12 to 48 hours attendance at the Intoxicated Driver Resource Center (IDRC), Alcohol education course, community service and probation.

 

First offense DWI under 21:

If you are under 21, you can be charged with a DWI when your BAC reaches 0.01 percent.

Jail: None

License suspension: 30 to 90 days.

Other penalties: Mandatory 15- 30 days community service, mandatory Alcohol and Safety Education

The look back period for DWI in New Jersey is ten years, but the charge can stay on your record forever.

Your DWI Will Be Expensive

Along with the criminal penalties associated with a DWI, there is a long list of expenses you’ll have to pay. It’s hard to come up with an exact cost of a DWI in Jersey City because the total fines and costs vary according to the seriousness of your charges and your court ordered penalties. Over the next few years, you can end up paying over $10,000 if you are convicted of DWI.

Following are some of the costs associated with a DWI conviction:

Driver’s license reinstatement fees.

High-risk insurance.

Installing and maintaining ignition interlock device.

Probation.

$1,000 surcharge for up to three years

Payment to the drunk driving enforcement fund

Neighborhood Services Fund

Drunk driving enforcement fund

Contact a DWI Lawyer in Jersey City

A DWI attorney in Jersey City will work to have your penalties reduced, and keep the costs down. The lawyers at USAttorneys are dedicated to giving you the best defense. Call and arrange a case evaluation today.

Immigrants in New Jersey should contact both a defense attorney and an immigration attorney to avoid putting their visa or green card in jeopardy.