Law Offices of James A. Abate

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Trusted DWI Attorneys Who Put You First

Too many people assume there is nothing they can do to defend themselves against charges of driving while intoxicated (DWI) or driving under the influence (DUI). The deck may feel stacked against you, but you do have options. The attorneys at the Law Offices of James A. Abate know how to build a defense and challenge the evidence against you. They will always put your future first throughout the case.

With over 30 years of combined experience, you can rely on our attorneys to fight for your best interests. Attorney James A. Abate is certified in the administration of the National Highway Traffic Safety Administration (NHTSA) standardized field sobriety tests and drug recognition evaluations, as well as being a member of the DUI Defense Lawyers Association and recognized by the National College for DUI Defense, Inc. for his service to clients.

Understanding New Jersey Drunk Driving Penalties

New Jersey law prohibits driving with a blood alcohol content (BAC) of .08% or higher for most drivers. The consequences for a DUI do not stop with a fine or a few days in jail. The penalties, which build with each offense within a 10-year period include the following:

  • License suspension – For a first offense, this may last until you have an ignition interlock device installed on your car at your own expense. Second or third offenses could range from one to eight years.
  • Ignition interlock device – You may need to have this device, which keeps the car from starting if you have alcohol on your breath, for three months for a first offense. The time extends up to 144 months for a third offense.
  • Fines – Fines start at $250 and go up to $1,000.
  • Intoxicated Driver Resource Center (IDRC) – You may have to spend from 12 to 48 hours at the IDRC for a first offense, and then it varies.
  • Jail time – You could receive up to 30 days, even for a first offense. A second offense could require 48 hours to 90 days, and a third offense carried a mandatory 180-day jail sentence.

Certain situations can incur additional fines or increase penalties, such as a very high BAC, having an open container or having a minor in the car. A second offense also requires community service. Our attorneys are experienced in a range of criminal defense cases and can help you understand the most likely outcome for your case.

Can you refuse a breath test?

You should understand that the consequences for refusing to take a breath test are very similar to a DWI charge. New Jersey driving laws include an “implied consent” that you will provide a breath test when requested by the police. You must say “yes” when asked after the officer reads you the implied consent notice. Failure to do so will likely result in immediate revocation of your driving privileges. There are a few defenses to a refusal. Our attorneys can explain to you whether they may apply to your case.

Need Help? Call Us Today.

When you have been arrested for a DWI, you need answers right away. Contact our Somerville office for assistance by calling 908-643-7005 or reaching out online. We offer free initial consultations for clients throughout New Jersey, including Somerset County, Middlesex County, and Union County.