The Law Offices of Edward Harrington Heyburn, PC

A person who operates a motor vehicle while under the influence or permits another person who is under the influence

• Fine of $250 to $400;
• 12 to 48 hours of Intoxicated Driver Resource Centers;
• A term of imprisonment of not more than 30 days;
• Shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

          (ii) if the person’s blood alcohol concentration is 0.10% or higher than the penalties are:

• Fine of $300 to $500;
• 12 to 48 hours of Intoxicated Driver Resource Centers;
• A term of imprisonment of not more than 30 days;
• Shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of seven (7) to twelve (12) months;

(2) For the Second offense:

• Fine of $500 to $1,000;
• 30 days of community service;
• 48 hours of jail up to 90 days of jail or 48 hours of Intoxicated Driver Resource Centers;
• A term of imprisonment of not more than 30 days;
• Shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of two (2) years;
• Shall be required to install an ignition interlock device or shall have his registration certificate and registration plates revoked for two (2) years                 

(3) For a third or subsequent offense:

• Fine of $1,000;
• Community service as the court deems appropriate;
• Mandatory jail of 180 days but 90 days of the jail may be served in an inpatient program;
• A term of imprisonment of not more than 30 days;
• Shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of two (2) years;
• Shall be required to install an ignition interlock device or shall have his registration certificate and registration plates revoked for ten (10) years.

There are defenses to a DWI Charge. A DWI conviction is not inevitable! There are several circumstances that justify a dismissal, acquittal or a plea to a lesser charge

1) If a driver suffers from Gastroesophageal Reflux Disease (“GERD”) and consumes any alcohol, the results of the breathalyzer may be inaccurate and unreliable.

2) If the driver is not behind the wheel when stopped by the police, the prosecutor may not be able to prove that the driver was actually operating the vehicle while intoxicated.

3) The police stop of a motor vehicle may violate United States and New Jersey Constitutional protections. If it does, the results of the investigation may be suppressed.

4) Injuries to knees, hips, back and joints may cause you to fail the balancing test and appear drunk.

 Call for a free consultation!  (609) 259-7600

37 Robbinsville-Allentown Road, Robbinsville, NJ  08691
Tel. (609) 259-7600  Fax (609) 259-7303
heyburn@heyburnlaw.com