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New Jersey DWI Lawyer

In New Jersey, drunk driving and refusal are not considered a criminal offense, although, that doesn’t prevent our state from having some of the nation’s toughest penalties. If you are convicted, you will lose your license, face stiff penalties and even go to jail.

New Jersey DWI lawyer Jason A. Volet is a former assistant Monmouth County prosecutor with more than 10 years of experience handling NJ DUI law. With a practice devoted entirely to representing defendants, he can provide an aggressive, effective DWI/DUI defense strategy to fight your charges and reduce your penalties.

To schedule a free consultation, call (732) 503-8968 or contact our office online today. We will do everything we can to help you minimize or avoid New Jersey’s harsh DUI/DWI penalties.

As provided by New Jersey DUI Statutes 39:4-50, driving while intoxicated is defined, in part, as:

  • “… a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood…”

For a first offense:

  • “… if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor … to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers … in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months.”
  • “… if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug … to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers … in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year.”

For a second offense:

  • “… a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days … and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours … nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction … For a second violation, a person also shall be required to install an ignition interlock device … or shall have his registration certificate and registration plates revoked for two years …”

For a third or subsequent offense:

  • “…a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse … not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device … or shall have his registration certificate and registration plates revoked for 10 years …”

There are also serious penalties for refusing to submit to a chemical test. As provided in New Jersey Statute 39:4-50.4a, those penalties are:

  • “…the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested … refuse to submit to a test … when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years.”

    • “For a first offense, the fine imposed upon the convicted person shall be not less than $600 or more than $1,000 and the period of license suspension shall be not less than one year or more than two years; for a second offense, a fine of not less than $1,000 or more than $2,000 and a license suspension for a period of four years; and for a third or subsequent offense, a fine of $2,000 and a license suspension for a period of 20 years …”

    Every aspect of your DWI/DUI defense will be personally handled by attorney Volet. No portion of your legal matters will ever be handed off to a secretary, paralegal or associate. Mr. Volet will work directly with you to answer your questions and help you gain the clear understanding you will need to make informed decisions.

    The Law Office of Jason A. Volet, LLC represents clients throughout all of New Jersey, including but not limited to Middlesex, Ocean, Mercer and Monmouth County. We have office locations in Freehold and Neptune. To discuss drunk driving defense during a free consultation, call (732) 503-8968 or contact us online today.

    Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in New Jersey is a Motor Vehicle violation. The violation is outlined in N.J.S. 39: 4-50. This criminal violation is regarded as a serious motor vehicle violation. Fines and other criminal penalties for a New Jersey DWI conviction can be very severe and can significantly impact a person’s entire life. That is one reason why discussing your situation with a New Jersey DWI lawyer is so important.

    In New Jersey, the law pertaining to operating a motor vehicle that does not require a commercial driver license (CDL) is based on Blood Alcohol Concentration (BAC) instead of Breath Alcohol Concentration (BrAC).

    BAC is the percentage of alcohol concentration in a person’s blood. In most situations, New Jersey law enforcement will take a defendants’ breath sample using BrAC. BrAC is converted to BAC based upon a ratio, which is known as a Blood-Breath conversion ratio.

    Talking With A New Jersey DWI Lawyer

    Discussing your situation with a New Jersey DWI lawyer that has specific experience working on DWI and DUI cases in New Jersey is usually one of the most important steps a person can take when faced with a New Jersey drunk driving charge.

    Jason Volet is Certified by the Supreme Court of New Jersey as a Criminal Trial Lawyer. He has years of experience handling New Jersey DWI offenses. Get a free New Jersey DWI consultation with experienced attorney Jason Volet today: (732) 503-8968.