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DWI

DWI and DUI Defense Attorney in Monmouth County, New Jersey

Driving while intoxicated (DWI) is among the most common offenses for which individuals are charged and vigorously prosecuted in Monmouth County and New Jersey. In fact, according to the most recent data reported by the New Jersey State Police, there were 2,763 arrests for driving under the influence in Monmouth County alone between 2014 and 2015. The frequency of DWI charges in Monmouth County can be attributed, at least in part, to the many activities and festivities involving alcohol that are held in this beautiful beach-side setting, calling scores of visitors to shore towns each and every year. In addition, Monmouth County is home to many local colleges and universities, where students and their guests regularly enjoy parties and events. Whether you are visiting a restaurant or bar, a hotel or casino, a stadium or event venue, or even a backyard barbecue, and drinking alcohol, you may be vulnerable to charges for DWI. Unfortunately, one choice to drive after drinking can change your life forever. When faced with charges for DWI, your first and most critical decision should be to contact a knowledgeable attorney who can begin formulating your most effective defense.

Attorney Tara Breslow has over 10 years of experience representing clients charged with DWI and other offenses in Monmouth County. As a private defense attorney and public defender, Ms. Breslow has accumulated an unparalleled level of experience with DWI prosecutions, appearing before every judge in Monmouth County numerous times during her distinguished career. Having successfully represented so many defendants in Monmouth County courts, she has developed a reputation for excellence and fostered relationships with legal professionals on both sides of the aisle. When presented with your case, she will immediately launch an independent investigation to identify potential vulnerabilities in the State’s evidence. She leverages her knowledge and superior capabilities to achieve the best possible outcomes, while keeping her clients informed and engaged every step of the way. To discuss your DWI case with Ms. Breslow today, contact her offices for a free consultation.

Tara Breslow defended me for a charge of a DWI in which I was falsely accused of operating the vehicle. Tara got access to all the information and was able to prove that I was not driving despite ohter conflicting stories. We spent hours in court and she did not stop until all the charges was dropped from my name.” – Former Client

DWI Prosecutions in Monmouth County NJ

In New Jersey, DWI prosecutions are distinct in their court procedure and sentencing guidelines. Specifically, these cases are tried before a municipal court judge in the local municipal court in the municipality where the alleged offense occurred. As a DWI defendant, you are not entitled to a trial by jury. Your case must be heard and decided by a single presiding judge. In addition, New Jersey does not allow for prosecutorial or judicial discretion when negotiating sentences for DWI. Essentially, the State lays out mandatory penalties associated with each type of DWI offense and if convicted, you are exposed to these penalties with no ability to attain a lesser sentence. In addition, New Jersey does not allow for hardship applications or work licenses for DWI defendants who have lost their driving privileges. In other words, if you have lost your license for one, two, or even 10 years, you are restricted from driving, no exceptions.

DWI Lawyer in Manasquan NJ

New Jersey law often refers to driving while intoxicated (DWI) as “impaired driving.” The legal definition of “impairment” includes a Blood Alcohol Concentration (BAC) of 0.08 percent or higher, or being under the influence of a narcotic, hallucinogenic, or habit-producing drug. The vast majority of DWI cases in New Jersey utilize a BAC reading obtained through the Alcotest device, which was approved for use in 2008 when the New Jersey Supreme Court found that it was sufficiently reliable. Notably, there are a host of factors that may affect an individuals blood alcohol concentration, none of which are directly related to how much alcohol they consume. For instance, the person’s weight, how much food they consumed before and during the time that they were drinking, whether or not they were dehydrated–these and many more can elevate a BAC without the person’s knowledge.

Penalties for DWI in New Jersey: N.J.S.A. 39:4-50

The various types of DWI offenses in New Jersey are exceedingly significant, as they determine the potential penalties associated with a conviction. Depending on the specific charge against you, a conviction may result in suspension of your driving privileges, fines, community service, attendance at a state-approved Intoxicated Driver Resource Center (IDRC), automobile insurance surcharges, and even jail time. The penalties for first, second, and third DWI offenses are outlined below:

First Offense DWI
  • BAC Ranging from 0.08% to 0.10%: 
    • Loss of driving privileges for 3 months
    • Up to 30 days in county jail
    • Fines ranging from $250 to $400
    • A $1,000 insurance surcharge for 3 years
    • Other fees and surcharges amounting to $525
    • Between 12 and 48 hours of alcohol education at an Intoxicated Driver Resource Center (IDRC)
  • Blood Alcohol Content Above 0.10%:
    • Loss of driving privileges for between 7 months and 1 year
    • Up to 30 days in county jail
    • Fines ranging from $300 to $500
    • A $1,000 insurance surcharge for 3 years
    • Other fees and surcharges amounting to $525
    • Between 12 and 48 hours of alcohol education at an Intoxicated Driver Resource Center (IDRC)
  • Blood Alcohol Content Above 0.15%:
    • Mandatory ignition interlock device installed in your vehicle for between 6 and 12 months
Second Offense DWI
  • Loss of driving privileges for 2 years
  • Between 48 hours and 90 days in the county jail
  • Fines ranging from $500 to $1,000
  • $3,000 in automobile insurance surcharges over a 3-year period
  • Between 12 and 48 hours of alcohol education at an Intoxicated Driver Resource Center (IDRC)
  • 30 days of community service
  • Mandatory ignition interlock device installed in your vehicle for between 1 and 3 years
Third Offense
  • Loss of driving privileges for 10 years
  • Mandatory sentence to serve 180 days in the county jail
  • Minimum fine of $1,000
  • $4,500 in automobile insurance surcharges over a 3-year period
  • Between 12 and 48 hours of alcohol education at an Intoxicated Driver Resource Center (IDRC)
  • 90 days of community service
  • Mandatory ignition interlock device installed in your vehicle for between 1 and 3 years
Contact a Middletown NJ DWI Lawyer for a Free Initial Consultation

If you or someone you love has been charged with driving while intoxicated (DWI) or driving under the influence of drugs (DUI), the consequences of a conviction can be severe and lasting. Attorney Tara Breslow has dedicated the last 10 years to defending clients charged with DWI and other offenses in Red Bank, Manasquan, Belmar, Middletown, and throughout Monmouth County. Contact her offices today to find answers, honest advisement, and an aggressive legal advocate who will fight for you.