Blood alcohol content (or BAC) is used to measure the amount of alcohol found in your blood stream upon being suspected of driving under the influence of alcohol. Your BAC can be measured by a breath sample test which will be administered by a Asbury Park police officer after leaving the scene of your traffic stop. Many factors influence an individual's blood alcohol content, including gender, weight, the amount of food in your stomach, and your metabolic tolerance. If an individual is suspected of drunk driving in Asbury Park and given a breath test, they will be charged with driving while intoxicated (DWI) if they are found to have a BAC of 0.08% or higher. In some instances, a BAC of 0.08% or more is not required for a DWI charge.
First Offense DWI Penalties in Asbury Park Drunk Driving Case
DWI is taken very seriously in the state of New Jersey. Your penalties for a first offense of DWI will be based upon your blood alcohol content level as determined by your breath test results. If you are convicted of DWI in Asbury Park for the first time and your BAC is less than 0.10%, you will be subjected to the loss of your driver's license for three months, a fine of up to $400, 12 to 48 hours or detainment and/or counseling prescribed by the Intoxicated Driver Resource Center (IDRC), up to 30 days in jail, the installation of an ignition interlock device at the court's discretion and other fines and penalties.
If it is your first DWI offense in Asbury Park and your BAC is at least 0.10% but less than 0.15%, you will be subject to penalties that include the loss of your license from 7 months to one year, a fine of up to $500, 12 to 48 hours of detainment and/or counseling as prescribed by the IDRC, up to 30 days in jail, the installation of an ignition interlock device at the Asbury Park Municipal Court's discretion, and other fines and penalties.
If it is your fist DWI offense in Asbury Park and your BAC is 0.15% or higher, you will be subject to penalties that include the loss of your license from 7 months to one year, a fine of up to $500, 12 to 48 hours of detainment and/or counseling as prescribed by the IDRC, up to 30 days in jail, the mandatory installation of an ignition interlock device in your vehicle and other penalties.
Second Offense DWI in Asbury Park, New Jersey
A conviction for a second drunk driving offense carries more serious penalties. You will lose your license for up to two years and pay fines of up to $1,000. Additionally, you may be sentenced to up to 90 days in county jail in Monmouth County and be required to perform 30 days of community service. You will also be required to participate in a program and pay the necessary fees of the Intoxicated Driver Resource Center (IDRC) and be subject to the mandatory installation of an ignition interlock device for one to three years. This device is installed in your car and prevents the car's operation if, when blown into, it registers a predetermined blood alcohol concentration. You may also be subjected to additional fines and penalties.
Third Offense DWI Penalties in Asbury Park
The penalties for a third or subsequent DWI offense in Asbury Park are extremely severe. These penalties include the loss of your license for up to 10 years, imprisonment of no less than 180 days, a $1,000 fine, the mandatory installation of an interlock device, participation in the IDRC program, and other fines and penalties.
Contact an Experienced Asbury Park DWI Attorney
If you have been charged with DWI of refusal in Asbury Park, you should contact an experienced local DWI attorney immediately. The drunk driving lawyers at Villani & DeLuca, P.C. can explain your options and make sure that your rights are being protected. Call our office today at (732) 965-3999 for a free consultation with an Asbury Park DWI lawyer.