Atlantic City DWI Attorneys

DUI and DWI in Atlantic County, New Jersey

New Jersey DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) arrests are serious matters that have their own special set of rules. An Atlantic City drunk driving defense lawyer can help you thread through the complex web of laws surrounding your arrest.  Mark Bernstein is experienced in all DWI/DUI and traffic violation cases.  If you are convicted of DWI, you can be faced with license suspension, fines, surcharges and in some cases, jail.  There is also a mandatory DMV insurance surcharge from $3,000 to $3,500 which must be imposed. A permanent record of DWI convictions is kept by the DMV. The penalties are severe and vary depending upon whether the DWI is a first, second or subsequent offense.

DUI/DWI can be prosecuted in two ways. First, as a traditional DWI, in which the prosecution attempts to prove a person was under the influence based on driving pattern and field sobriety test performance, and second, by violating the "per se" law which has a legal limit of .08%.

For those under the age of 21, there are special DWI /DUI laws. It is illegal for someone under 21 to drive with a BAC of 0.01% or greater. Violation of this law will result in a license suspension for 30 - 90 days, and community service for 15 - 30 days.

Under New Jersey’s John’s Law, police are allowed to impound the car of a drunk driver. If you refuse to take the breath or blood test after your DWI arrest, your refusal is admissible in court, and may result in severe driver's license consequences in addition to the standard penalties.

The penalties for DUI/DWI are outlined in the statutes as follows:

DWI - N.J.S.A. 39:4-50  

(a) Except as provided in subsection (g) of this section, 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 or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject

(FIRST OFFENSE .08% BAC or “Under The Influence” ) 

(1) For the first offense:

(i) 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, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, 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 established under subsection (f) of this section and, 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;

(FIRST OFFENSE .10% BAC or Higher or  Under The Influence of Drugs)

(ii) 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, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, 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 established under subsection (f) of this section and, 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;

(iii) For a first offense, a person also shall be subject to the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.).

(SECOND OFFENSE)

(2) For a second violation, 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, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, 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, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

(THIRD OR SUBSEQUENT OFFENSE )

(3) For a third or subsequent violation, 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, except that the court may lower such term for each day, 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 under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

As used in this section, the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. 

We can answer all your Atlantic City DWI questions

Contact Atlantic City DWI lawyer Mark A. Bernstein about the following:

New Jersey DWI lawyer Mark Bernstein personally defends clients facing DWI charges every day in Atlantic City, Cherry Hill and Camden courts. He is an experienced, aggressive DWI lawyer with the knowledge to fight your DWI conviction and potentially save you thousands of dollars in fines and insurance penalties with a successful defense.

The firm will research evidence, work with experts to challenge methods used in NJ DWI field sobriety tests, and cross-examine police officers regarding the basis for their assumptions in your arrest.  Do not let a DWI conviction ruin your life.

Contact Mark A. Bernstein as soon as possible if you are arrested.  The firm serves clients in New Jersey, including Atlantic City, Cherry Hill and Camden, as well as Mercer, Gloucester, and Salem Counties.

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