New Jersey DWI Defense Attorneys
The Moriarty Law Firm has seen DWI and DUI law in New Jersey from both sides of the fence. Charles Moriarty is a former Prosecutor and a well known DWI Defense Attorney. This gives our firm a unique perspective on how these matters are handled at all levels.
Call 732-842-7773 anytime to speak with one of the Moriartys and set up a free initial consultation. You can also contact us by e-mail, and we will respond as quickly as possible.
Frequently Asked Questions in NJ Drunk Driving Cases
Some of the questions our attorneys commonly answer are:
Is there a difference between a DWI and DUI?
No, DWI (Driving While Intoxicated), and DUI (Driving Under The Influence) are used to refer to the same exact charge in New Jersey.
Can I “plea bargain” a DWI charge — i.e., make an agreement to plead guilty to a lesser charge?
No. A plea bargain is an agreement in a case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge According to New Jersey Law, no plea agreements whatsoever are allowed in New Jersey DWI cases. That means that unlike other traffic offenses, or even criminal charges, the Prosecutor may not agree to reduce the DWI charge to a lesser charge.
Will I have a jury decide my case?
No. There is no right to a Jury Trial for DWI charges in New Jersey. Trials are presided over by Municipal Court Judges who hear the evidence and decide both the factual disputes and legal issues.
Is a New Jersey DWI a crime, or misdemeanor, or a disorderly persons offense?
No — a DWI in New Jersey is classified as a motor vehicle violation. The charge has been referred to as “quasi-criminal.” This is so because despite the classification as a traffic offense, a defendant is entitled to the same protections
How long will the process take?
Generally, DWI cases take high preference in the system. A New Jersey guideline seeks to have DWI cases resolved within sixty days from the issuance of the ticket. It is not uncommon that contested cases (i.e. those that are not simply guilty pleas) will take longer than sixty days to resolve — however, it is impossible to predict how long each specific case will take to conclude.
If police ask me to submit to a breath test, do I have to?
Yes, under New Jersey law N.J.S.A. 39:4-50.2, drivers consent to providing their breath samples for the purpose of determining the content of alcohol in the driver’s blood.
If the court suspends my license, can I get a provisional or work license?
No, New Jersey does not allow work licenses.
Am I facing DMV surcharges as a result of a DWI conviction in New Jersey?
Yes, for a first or second offense DWI, the surcharges are $1,000/year for three (3) years. For a third offense DWI, the surcharge is $1,500/year for three (3) years.
Thus, an out of state driver or resident should always contact an experience drinking and driving lawyer to handle their DWI defense. Our criminal defense attorneys are available immediately for a free initial consultation.
Call us 24 hours a day, 7 days a week to handle your DWI matter. We can be reached anytime by calling 732-842-7773. You can also contact us by e-mail for a free consultation.