My law firm recently represented a client charged with a driving while intoxicated (DWI) offense in Wall Township, New Jersey in Monmouth County.
This was the client’s first DWI charge and the breath test readings were .07% Blood Alcohol Content (BAC). Although this is not a “per se” violation of the statute because the legal limit in New Jersey is .08%, the State can still prove a DWI charge using the psycho-physical tests. These are the field sobriety tests performed by law enforcement officers at the scene of the drunk driving stop.
A first offense DWI charge in New Jersey has the following penalties with a breath reading of .07%:
- Three (3) months driver’s license suspension
- Fine: $250.00 to $400.00
- Up to thirty (30) days in jail at the discretion of the court
- Between twelve (12) and forty-eight (48) hours in the Intoxicated Driver Resource Center (IDRC)
- New Jersey DMV Surcharge: $1,000.00 per year for three years
- Mandatory fines and penalties
In this case, we were able to isolate significant problems with the breath testing device including problems with the standard solution and the solution change on the Alcotest 7110 breath testing machine. Further, the State was unable to prove the drunk driving charge based on the field sobriety tests. As a result, our attorneys were able to convince the State that they could not prove the driving while intoxicated (DWI) charge and the case was dismissed. This was a great result for our client and the firm.