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I have been charged with a DWI under N.J.S.A. 39:4-50, what happens now?

Posted by Carmine R. Villani | Dec 03, 2015 | 0 Comments

Sobriety Check Point | DWI under N.J.S.A. 39:4-50

If you or a loved one have just been arrested for a New Jersey DWI (driving while intoxicated), you're probably worried about what the future holds. You may feel confused about the penalties, stressed about getting to work, and unsure where to turn. Our team of professional NJ DWI attorneys are experienced in defending clients charged with N.J.S.A. 39:4-50. Read on to learn more about N.J.S.A. 39:4-50 and what your options are for dealing with the charge.

N.J.S.A. 39:4-50

If the blood alcohol content (BAC) is 0.08 or higher, or if the driver is suspected of being under the influence of alcohol or an illegal or legal drug which the officer believes impaired the driver's ability to operate the vehicle, the driver can be found guilty of DWI – N.J.S.A. 39:4-50.
Although a DWI is not considered a criminal offense in NJ, this motor vehicle violation can still cost you and leave a permanent mark on your motor vehicle record. Penalties for a DWI, DUI or Breath Test Refusal conviction can be severe; you will receive a suspension of your driver's license, be required to pay fines in court, completed an intoxicated driver resource center course, pay an annual insurance surcharge to NJ MVC, and possibly have an interlock device installed, if convicted. In addition, a DWI conviction will leave an entry on your NJ Motor Vehicle Commission (MVC) driver's abstract, resulting in increased insurance rates.
Find out more details on the N.J.S.A. 39:4-50 statute.

Challenging DWI Evidence

In New Jersey, the prosecution can prove a DWI through Standardized Field Sobriety Tests, Alcotest® breath test results, a blood test (obtained by a warrant or informed consent) or an officer's opinion that- you “looked drunk” (based on speech, affect, odor, ability to walk and stand etc.).
The attorney will look for ways to challenge the legality of a DUI stop, question the field sobriety tests, dispute suspicion that you were actually under the influence, challenge the breathalyzer and blood test results, assert an officer's failure to read you your Miranda Rights, cite a failure to issue implied consent warning and challenge other errors that can help to defend your DWI case.
Our team of experienced DWI attorneys are here to protect your rights and thoroughly scrutinize these police procedures in the defense against DWI charges.

Can a DWI be Expunged?

Since a DWI is not a criminal offense, but rather a motor vehicle offense, it cannot be expunged. However, the arrest will not be entered into the National Crime Information Center database which means that future employers may not know about the arrest unless the Motor Vehicle Commission records are also checked.

Defending NJ 39:4-50: Driving While Intoxicated

The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor. Call 732-709-7757 for a free 24×7 phone consultation.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


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