New Jersey DWI Lawyer
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This is the section for New Jersey
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New Jersey Statute § 39:4-50 Driving While Intoxicated


Also known as “DWI” or “DUI,” drinking and driving is taken very seriously in New Jersey and the consequences upon a New Jersey driving while intoxicated conviction are severe. While being convicted of a NJ driving while intoxicated charge does not result in a criminal conviction, you will nonetheless be severely fined, have your license suspended, be compelled to participate in intoxicated driver program in order to have your NJ license or privileges reinstated, and may have to install an ignition interlock device on your vehicle.

Many NJ DWI / DUI arrests occur in Bergen County, New Jersey. Our lawyers defend people charged under NJ Statute 39:4-50, DUI, in all criminal courts of Bergen County. Our Bergen County, NJ driving while intoxicated criminal defense lawyers strive hard to prevent you from being found guilty of DWI in New Jersey under statute 39:4-50.

NJ DWI Penalties

The first time a person is convicted in Bergen County, NJ for driving while intoxicated under 39:4-50 the penalties include loss of license ranging from 3 months to a year, fines between $250.00 and $500, $3,000 in surcharges, and $275.00 in miscellaneous fees. In addition, to get your NJ license back you must take and pay for the intoxicated driver program as well as must potentially have to install an ignition interlock device on your vehicle which you will have to pay for as well. The fines and license suspension periods are even more severe for multiple offenders, the license suspension period ranging all the way up to 10 years.

What to do if you are arrested for a NJ DWI


If you have been arrested for driving while intoxicated in Middlesex County, NJ we know you are nervous, scared and confused. However, you have come to the right place. Our NJ DUI defense lawyers represent people who have been arrested for New Jersey DWI in Union County, Essex County, Mercer County, Monmouth County, Somerset County, Burlington County, Morris County, Sussex County, Hudson County, and Warren County in addition to Middlesex and Bergen Counties. We will get you through the process with ease and confidence.

If you have been arrested for DWI in New Jersey first, don’t panic! We are here for you. Also, start saving money for legal and court fees. When you retain our office to defend you against your NJ DWI case we will make sure that you do not plead guilty too soon, but if upon investigation we see that the state has a strong case against you we will advise you appropriately so that you do not waste your resources. If your New Jersey DUI arrest was a wakeup call and you need help, we can refer you to a local counselor.

New Jersey statute § 39:4-50.4a. Revocation for Refusal to Submit to Breath Test


“…the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14), shall refuse to submit to a test provided for in section…” 

In New Jersey when you are arrested for DUI you must take a Breathalyzer test. This is because by accepting a license in New Jersey or driving on the roads of the state, you give implicit consent for this test, known as "implied consent." Refusing to take the breath test results in additional charges.  If convicted you will face the same loss of driving privileges as a if you were convicted of NJ driving while intoxicated, whether or not your DWI case is dismissed.

There are defenses to a refusal to submit to a chemical breathalyzer test, and the burden of proof of refusal is on the state. For a chemical test refusal to be found as valid under NJ § 39:4-50.4a, the state must prove that:

  • There was probable cause to believe that the defendant operated while under the influence of alcohol
  • That the defendant had been placed under arrest
  • That the defendant refused to submit to a chemical breathalyzer
  • That the demand for a breath sample was made by a police officer who had probable cause to suspect that the defendant operated a motor vehicle in an intoxicated state in New Jersey
  • That the attempt to administer the test was done so lawfully

If you have been charged with NY DWI, 39:4-50 and refusal to submit to a chemical test, NJ § 39:4-50.4a in Union County, NJ, our New Jersey Union County DWI defense lawyers can represent you in defending against both the charge and refusal.

In addition to defense of a DUI chemical test refusal in Monmouth County, NJ by undermining the elements the state must prove, our Monmouth County, New Jersey DWI lawyers can assert an affirmative defense if the defense is available in your situation.

Defenses to refusing to submit to a DWI chemical test in Monmouth County, New Jersey are the same as in Essex County, NJ, Mercer County, New Jersey, and all parts of the state. Our NJ DWI defense lawyers can assert that our client was confused about the legal obligation to provide a breath sample. Further, a defense to § 39:4-50.4a refusal to submit to a breath test is available in a Somerset County, NJ DWI case when the defendant was physically and medically unable to provide a sample due to medical conditions or trauma.

Intoxicated Driving Program (IDP)

If you are convicted of a NJ DWI in Hudson County, NJ you will be required to take and successfully complete the New Jersey intoxicated driving program, or IDP. In fact, your NJ driver’s license will be suspended indefinitely until you successfully complete the program.

If you are a first time NJ DWI offender in Sussex County convicted of driving while intoxicated, § 39:4-50, you will be sentenced to a 12 hour program in Sussex County, NJ. A second time offender in Burlington County, NJ or any other county will be sentenced to a 48 hour treatment plan in an inpatient regional facility. Third or subsequent offenders get sentenced to jail, inpatient alcoholism treatment, or both.

Morris and Warren Counties, New Jersey DWI defenders

If you are arrested for DWI in Morris County, NJ or Warren County, New Jersey, you need a competent NJ DUI defense lawyer on your side. In Warren or Morris County, or anywhere else in New Jersey from Atlantic County to Passaic County and anywhere in between, the deck is stacked against you. For example, one restriction is that by law the prosecution cannot offer you a plea bargain to a lesser charge. There is no right to a jury trial. All New Jersey DWI cases must be completed within 60 days. Further, the case cannot be automatically dismissed for the complaining police officer witnesses failing to appear in court for trial. Nor is evidence of non-intoxication by extrapolation permitted by the defense in a Bergen County NJ DWI trial.

Out of State Drivers


If you possess an out of state driver’s license from New York, Connecticut, Pennsylvania, Maryland, Delaware, or any other state, there are additional requirements placed upon you for being convicted of NJ DWI, § 39:4-50. Your privileges to drive in NJ will be suspended. Your home state will be notified and may suspend your home state’s driver’s license. If you live close to New Jersey you will be required to participate directly in the NJ intoxicated driving program. If you are deemed to live too far away, you must complete your state’s certified educational program for DUI offenders. Attendance and completion is mandatory. In addition, you must also participate in a comprehensive drug and alcohol assessment conducted by a clinician/counselor licensed or certified in your state and complete all treatment requirements.

If you have been charged in NJ with driving while intoxicated, § 39:4-50 – call us today! We offer no cost, no obligation consultations. We will listen to you and help you begin to shape a defense and get you out of the situation. We are here to help in this time of uncertainty and need.


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