New Jersey DWI Lawyer

DWI Lawyer Defending Clients in New Jersey

A Driving While Intoxicated (“DWI”) charge can create immediate uncertainty about your future. If convicted, there could be implications for your ability to work, drive, pursue your chosen career, and even your liberty.  Even though in New Jersey DWI is a motor vehicle offense, not a criminal charge, in many instances the consequences can be even more severe.  Depending on the facts and a person’s prior driving record, a conviction for DWI may lead to the court imposing fines, surcharges, suspension of your driving privileges, installation of an ignitiion interlock device, education and substance abuse screening at the Intoxicated driver’s resource center (“IDRC”),  mandatory participation in an Intoxicated Driver Resource Center, and serving up to 180 days in jail. In addition to the penalties imposed by a municipal court judge, a conviction will incur collateral consequences that potentially include being dropped by your insurance carrier, impact on your immigration status and the ability to remain in the country, exclusions from certain business activities, and inadmissibility when traveling to certain countries, including Canada.  

The consequences may also continue long after the municipal court case ends. A DWI can affect automobile insurance, employment, professional licensing, commercial driving privileges, immigration concerns, and international travel. A New Jersey DWI conviction is not eligible for removal through the criminal expungement process, making it especially important to understand the charge and the State’s evidence before deciding how to proceed.

Reinitz Law represents clients charged with DWI, and all related charges including:  refusal to submit to breath testing, drug-related DWI, assault by auto, and serious traffic offenses in both Bergen County and throughout New Jersey. Members of the firm have tried DWI cases from Sussex County all the way to Atlantic County and most places in between. In doing so, the firm has learned that no two DWI cases are the same, and that the only way to be successful in defense is to undergo a thorough examination of the facts and evidence the State intends to introduce at trial. Reinitz Law employs a very specific process calculated to put our clients in the best possible position to achieve the result they need.

This process begins with gathering all of the discovery that a defendant is entitled to pursuant to New Jersey Court Rule 7:7-7. Specifically, we are looking for all reports, scientific tests, video recordings, audio recordings, notes, and drafts that exist in relation to the case. Should the State fail to provide any of this evidence in accordance with the rules, the Firm is prepared to and has been successful in filing Motions seeking Orders under State v. Holup to provide dates certain by which the State must produce evidence. Filing and winning these motions has led to many Reinitz Law clients having evidence against them excluded and/or their cases dismissed. 

Many DWI cases take on a similar trajectory. In a typical DWI investigation, there is a vehicle driving on a public road or highway and is stopped by police. The police then ask the driver to exit their vehicle. Next, the officers usually administer Standardized Field Sobriety Tests (SFSTs). Usually, at this point, the police make their arrest decision. Once arrested, they transport the driver back to a police station where they will be offered an opportunity to provide a breath sample. After the breath sample, the officers determine if they are going to issue charges and prepare the driver for their release from custody. 

In these cases, Reinitz Law employs a staircase method of analyzing the evidence that is produced by the State. We imagine that the motor vehicle step is the ground floor and a conviction is the top landing of the stairs. To get to that conviction, the State must take a step every time it attempts to move the investigation forward. With each step, the State needs to demonstrate that it has even greater suspicion than the step before. For example, an officer needs reasonable suspicion to stop a motorist when they believe a traffic violation has occurred. They need more suspicion to then ask you to take the SFST. Then they need additional suspicion amounting to probable cause (a higher evidentiary standard) to arrest you and ask you to submit to a breath test, and finally they need proof beyond a reasonable doubt to convict you of DWI. Examination of the process in a step-by-step manner ensures that nothing is missed and that all breaks in the chain are found and exploited to the advantage of our clients. 

Many cases do not fall into these categories, but the analysis and process remains the same; they may just start at a different step. Whether parked on the side of the road, asleep in your car, or following an accident, there are many ways that DWI investigations begin, but the process to get to results for our clients remains the same., or 

You should not, and Reinitz Law certainly does not, begin the defense of a DWI case with the thought that your arrest automatically means that a conviction will follow. There is a lot to do to avoid that ending: evidence may be challenged, affirmative defenses raised, and plea negotiations will ensue. We prepare all cases from the start as if they will be going to trial. That preparation allows us to always understand the strength of our defenses and the best path to the outcome you need. The correct approach always depends on what happened, what the evidence shows, and what result the client needs.

That last consideration is important. A commercial driver may be primarily concerned about protecting a CDL. A physician, nurse, teacher, attorney, or other licensed professional may need to consider reporting requirements and disciplinary consequences. A parent may be worried about maintaining the ability to drive children to school or their child’s ability to continue in college or their chosen sport. A business owner may be concerned about licensing, reputation, obtaining funding, insurance, or travel.

Reinitz Law develops its strategy around both the legal issues and the client’s practical needs. That approach reflects a central principle of the firm’s representation: a lawyer should understand what the client is at risk of losing and work toward a result that protects those interests whenever the facts and law permit.

Call Reinitz Law at (201) 345-6262 or contact the firm online to get started.

Understanding DWI Charges and Penalties in New Jersey

New Jersey’s primary DWI law is N.J.S.A. 39:4-50. It prohibits operating a motor vehicle while under the influence of intoxicating liquor, narcotics, hallucinogenic substances, or habit-producing drugs. It also prohibits operating with a blood alcohol concentration of 0.08% or greater. The same statute can apply to a person who permits an impaired individual to operate a vehicle that person owns or controls.

Although people often use “DUI” and “DWI” interchangeably, New Jersey law uses the term DWI, meaning driving while intoxicated, to cover all of these offenses. The State may attempt to prove the charge through a reported blood alcohol concentration from a breath test, urinalysis, or a blood draw; through the opinion of a Drug Recognition Evaluation (DRE), the officer’s observations of impairment, or a combination.

The prosecution is not limited to cases involving alcohol. A person may also be charged with DWI based on alleged impairment by a narcotic, a hallucinogen, or a habit-forming substance. This definition is very broad and covers everything from cannibis/marijuana through prescription drugs like xanax, Ambien, or oxycodone. The fact that a substance was legal or lawfully prescribed is not itself a defense to a DWI charge if the State claims that ingestion impaired the person’s ability to drive. New Jersey DWI convictions carry significant statutory and collateral penalties as discussed below.

First-Offense DWI Consequences

The penalties for a first New Jersey DWI depend partly on the alleged BAC and whether the case involves alcohol or drugs.

For a first alcohol-related offense involving a BAC of at least 0.08% but below 0.10%, the statute provides for a fine of $250 to $400, required participation in the Intoxicated Driver Resource Center program, possible imprisonment of up to 30 days, and an ignition interlock requirement that generally lasts three months.

For a first offense involving a BAC of at least 0.10% but below 0.15%, the fine increases to $300 to $500. IDRC participation and possible jail time of up to 30 days also apply. The ignition interlock period generally lasts from seven months to one year.

When the alleged BAC is 0.15% or greater, the statute imposes additional license and ignition interlock consequences. Current law also allows qualifying drivers in certain alcohol-related cases to install an ignition interlock device before conviction and potentially receive statutory benefits or credit. The exact credit depends on the specific amendment in force and the driver’s compliance history, so readers don’t assume a guaranteed outcome. The details depend on the alleged offense, the installation date, the driver’s compliance with Motor Vehicle Commission requirements, and whether any statutory exclusions apply.

A first drug-related DWI is treated differently. It may involve a seven-month-to-one-year loss of driving privileges, along with a $300 to $500 fine, IDRC obligations, and possible imprisonment of up to 30 days. Some of the pre-conviction ignition interlock credits available in qualifying alcohol cases do not apply to drug-DWI convictions.

Repeat DWI Consequences

New Jersey increases the penalties for repeat DWI convictions.

A second DWI generally carries a fine of $500 to $1,000, 30 days of community service, a jail term of at least 48 consecutive hours and up to 90 days, and a one-to-two-year loss of driving privileges. An ignition interlock device is also required during the applicable period and following restoration. If the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense.

A third or subsequent conviction generally carries a $1,000 fine, 180 days in county jail or a workhouse, an eight-year loss of driving privileges, and an ignition interlock requirement. The court may credit up to 90 days of an approved inpatient substance-use-disorder rehabilitation program toward the jail sentence. If a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

New Jersey also has a limited ten-year sentencing step-down. When more than ten years separate a first and second offense, the second may be sentenced as a first offense. When more than ten years separate a second and third offense, the third may be sentenced as a second. This rule changes the sentencing treatment of the later conviction; it does not erase the earlier case.

License suspension/Interlock/Fines:

BAC       Offense number      d/l loss               Interlock          Fines & Costs         

NONE                1                    NONE               90 days          $250 to $400 + $390

.08-.099              1                    NONE                90 days          $250 to $400 + $390

.10 -.149             1                    NONE             7 mo – 1 yr       $300 to $500 +$390

.15 +                   1                      3 mo.               12 – 15 mo.      $300 to $500 + $390

N/A                    2*                   1 – 2 yrs              2 – 4 yrs         $500 to $1000 + $390

N/A                    3 **                  8 yrs                  2 – 4 yrs         $1000 + $390

See NJSA 39:4-50 and NJSA 39:4-50.17

* Second offenders must perform 30-days of community service + a minimum of 2 days in jail, which can be satisfied through detainment at the IDRC

**Third offense requires 180-days in jail

Additional assessments = $390 in every case

·          1. $50 — Victims of Crime Compensation Assessment (N.J.S.A. 2C:43-3.1(c))

·          2. $75—Safe Neighborhoods Services Fund (N.J.S.A. 2C:43-3.2(a)(1))

·          3. $33 — Court Costs (N.J.S.A. 22A:3-4)

·          4. $1 — Body Armor Replacement Fund (N.J.S.A. 39:5-41(d))

·          5. $1 — New Jersey Spinal Cord Research Fund (N.J.S.A. 39:5-41(e))

·          6. $100 — Drunk Driving Enforcement Fund (N.J.S.A. 39:4-50.8)

·          7. $1 — Autism Fund (N.J.S.A. 39:5-41(f))

·          8. $3 — DNA Fund (N.J.S.A. 39:5-41(g))

·          9. $1 — Brain Injury Research Fund (N.J.S.A. 39:5-41(h))

·          10. $125 – Mobile video recording systems fund (N.J.S.A. 39:4-50(i))

List of collateral consequences

• Motor Vehicle Surcharges: $1000 per Year for Three Years;
• Insurance Eligibility Points: Nine-Point Assessment;
• Restriction on Vanity & Courtesy License Plates;
• Reporting requirements to state agencies for professionals;
• Potential immigration consequences; and
• Suspension of commercial driver’s license – NJSA 39:3-10.20(j)(1).

Refusal to Submit to Breath Testing

A  charge of Refusing to Submit to a Breath Test is separate from a DWI. A driver often faces both charges arising from the same incident. 

When you get a New Jersey driver’s license, you are granting implied consent to the police to allow them to administer a breath test should they find probable cause that you were operating a vehicle under the influence. The law requires a driver arrested based on probable cause for a DWI to provide breath samples for evidential testing. The State must still prove the required elements of refusal, including that the officer had probable cause to arrest for DWI, that they asked the driver to take the test, that they read a full copy of the “standard statement” document that provides the potential penalties for refusing to submit, and that the driver refused.

A refusal does not always involve a person clearly saying “no.” There are several ways other than just saying no that may end with a driver being charged with a refusal. For example, the driver gives any answer other than yes (“I want a lawyer”, “What do you think?”, “I’m not sure”), fails to provide enough breath into the machine, or fails to follow other instructions during the administration of the test. Whether that conduct legally amounts to refusal depends on the entire interaction. One thing we always look for is whether the instructions and the standard statement were given in the native language of the driver, as a failure to understand can be a defense. 

The penalties for a refusal conviction often mirror a DWI, including fines, mandatory fees, and IDRC requirements. On a first offense, you will be required to install an ignition interlock device on the vehicle you primarily own or operate. The main sentencing difference between DWI and Refusal is that the duration of the interlock installation is generally longer when there is a conviction for Refusal.  If convicted of both, depending on your prior history and the circumstances of the case, you may have your sentences run concurrently (together) or consecutively (one after another).

The Cost of a DWI Goes Beyond the Fine

The statutory fine is only one part of the financial impact. A person may also face towing and storage expenses, court fees, IDRC administrative costs, ignition interlock installation and monitoring fees, license-restoration costs, lost work time, and increased insurance premiums. Upon conviction, some insurers may increase rates substantially, refuse to renew a policy, or impose other restrictions based on the driving record and policy terms. A person who drives for work may also face consequences under an employer’s insurance policy even when the DWI occurred in a personal vehicle. The effect can be especially serious for commercial drivers. A CDL holder, regardless of whether they were operating a commercial vehicle at the time of the arrest, faces a mandatory 12-month loss of their commercial driving privileges on top of whatever sentence is imposed on their standard driving privileges.

Professionals may have additional concerns. Licensing boards and employers have their own reporting and disciplinary rules. Physicians, nurses, teachers, attorneys, financial professionals, pilots, public employees, and others should identify those issues at the beginning of the case so their attorney can work on strategies to avoid negative impacts on licenses. Reinitz Law has represented many professionals facing DWI charges and helped them navigate the uncertainty by working directly with the boards or referring the client to a specialist.  A DWI may also complicate international travel or raise immigration questions for a noncitizen. These are questions Reinitz Law asks during client intake and then helps clients find answers before resolving the DWI so there are no surprises afterward. The impact a charge has depends on many factors, including destination of travel, the client’s current status, and the final resolution of the case. When those concerns exist, the defense strategy always accounts for them and involves qualified immigration counsel when necessary.

Facing a DWI or refusal charge in New Jersey? Call Reinitz Law at (201) 345-6262 to discuss the allegations, the evidence, and the consequences that matter most to you.

What Happens After a DWI Arrest?

A DWI case often begins with an alleged traffic violation, an accident, a roadside checkpoint, a report from another driver, or an officer approaching a vehicle that is stopped or parked. The officer must have a legally sufficient basis for the stop or police encounter. An officer may claim that the vehicle was speeding, weaving, failing to maintain its lane, disregarding a signal, or being operated in another way that justified intervention. Other encounters may be based on community-caretaking or emergency concerns rather than a suspected traffic violation.

How the encounter began matters. Evidence obtained after an unlawful stop is subject to challenge and exclusion. Once the officer stops or approaches the vehicle, the DWI investigation begins. The officer will record observations about the driver’s speech, eyes, movement, coordination, or ability to produce a license and registration. The officer may also claim to smell alcohol or cannabis and may ask where the person has been, where the person is going, and whether the person consumed alcohol or used any substance. Those observations are evidence, but they are not automatically proof of intoxication. Fatigue, allergies, illness, injuries, anxiety, medication, environmental conditions, and other innocent explanations can affect a person’s appearance or behavior. Body-camera and dash-camera recordings help answer whether the officer’s written report accurately reflects what occurred. After the initial discussion, the officer may then ask the driver to perform standardized field sobriety tests (“SFST”). These typically include the horizontal gaze nystagmus, walk-and-turn, and one-leg-stand exercises. They are divided-attention tests created to allow an officer to assess the person’s ability to follow instructions while performing specific physical tasks.

Roadside testing is not usually performed in a controlled environment. A person may be standing near traffic, on uneven pavement, in poor weather, at night, with emergency lights flashing. Age, physical limitations, footwear, fatigue, balance problems, prior injuries, and nervousness may influence performance. The officer’s instructions, demonstrations, scoring, and testing conditions should all be examined. After the administration of SFST, if the officer believes probable cause exists, the person may be arrested and transported for processing. An alcohol case may involve evidential breath testing. A suspected drug case may involve additional observations, an evaluation by an officer trained in drug recognition, and blood, urine, or other toxicology evidence. The police then issue summonses, and the DWI matter proceeds in the municipal court with jurisdiction over the incident location. For example, if you are arrested in Hackensack, the case will be docketed in Hackensack Municipal Court, not the Bergen County Superior Court.

The court process starts with a first appearance where a not guilty plea is entered, and the defendant is advised by the court of the charges against them and their rights; next is usually the exchange and review of discovery, conferences with the municipal prosecutor, motion practice when legal issues require a ruling, negotiations, and finally a trial if the matter cannot be resolved. In 2024, the New Jersey legislature changed the way DWI was prosecuted in its courts. Until then, Guideline Four of the Rules of Court prohibited plea bargaining in certain cases, including DWI matters. Now prosecutors are authorized to propose and enter into plea agreements in DWI cases when supported by an appropriate factual basis and accepted by the court. A negotiated result is not automatic, but the end to  New Jersey’s longstanding blanket prohibition on DWI plea bargaining now allows experienced attorneys to negotiate better resolutions for their client without the expense and stress of trying the case.

Early legal representation is vital because evidence may need to be requested or preserved. Police audio and video may be retained for only a limited period. Witness memories can fade, and technical documents may require specific discovery demands. Clients also need practical guidance. Talking about the case with police, coworkers, friends, or online can create avoidable problems. Reinitz Law client guidance emphasizes slowing the situation down, avoiding unnecessary statements and social media posts, and making informed decisions after obtaining legal advice.

How Reinitz Law Defends DWI and Refusal Charges

DWI defense is not based on a standard checklist or a promise that one technical argument will make every charge disappear. The defense must be built from the facts, the available evidence, and the law that applies to the incident.

Reinitz Law begins by understanding the client’s version of events. Then, we obtain and review the State’s discovery. That may include police reports, summonses, body-camera recordings, dash-camera footage, station video, photographs, dispatch communications, breath-testing documents, instrument records, toxicology materials, medical evidence, and witness statements.

The firm then compares the written reports with the objective evidence and filters for contradictions of the client’s recollection and evidence. Police reports are written from the officer’s perspective and may summarize events that lasted only a few minutes. Video may show missing context, mistakes in test administration including a failure to give proper instructions, or conducting the test in not ideal conditions, omitted statements or ones that were mischaracterized, or conduct and observations that do not match the officer’s characterization.

Challenging the Stop and Arrest

The first issue to look at is usually whether the police had a lawful basis to stop or detain the driver. The defense can compare the claimed motor vehicle violation with reports, video, dispatch records, road conditions, witness statements, the officer’s notes, and the language of the traffic statute.

Even when the initial stop was lawful, the officer still needs sufficient facts to continue the DWI investigation and then probable cause to make an arrest. The presence of an odor of alcohol may suggest consumption, but it does not by itself establish that a driver was impaired. The defense must consider all of the circumstances, including driving conduct, speech, physical coordination, statements, SFST performance, and corroborative video evidence.

If the stop, detention, or arrest were conducted in a manner contrary to a driver’s Constitutional Rights or New Jersey’s Attorney General Guidelines, then appropriate Motions to Suppress or Exclude evidence should be filed. 

Reviewing Field Sobriety Evidence

Field sobriety evidence should always be examined critically rather than simply accepting a conclusory opinion that the tests were “failed”.

The attorney will evaluate whether the officer was properly trained, gave standardized instructions, properly demonstrated the exercises, used a suitable testing location, and scored only recognized clues. The person’s medical condition, footwear, age, injuries, fatigue, anxiety, and ability to understand the instructions may also be relevant.

Video is vital when looking at SFST evidence. A report may state that a person swayed, slurred their speech, stepped off a line, or could not follow instructions. The recording may show whether the person actually struggled, and if there may be reasons for the struggle, like whether the officer gave the proper instructions, whether the surface contained a visible line, whether the officer interrupted the exercise, and whether traffic or other conditions like weather or footwear affected performance.

Examining Breath-Test Evidence

Just because it appears on a printout, a reported breath-test result is not beyond challenge. It and all of the foundational documents must be looked at carefully to find machine malfunctions.

The State has the burden of establishing the admissibility of breath test evidence. It has to establish that the breath test was administered correctly, by a certified operator, with a functioning machine. The defense review includes the operator’s credentials, the instrument’s calibration and maintenance records, required control tests, solution records, test sequence, observation period, and the quality of the breath samples.

An attorney may also consider whether the driver drank, chewed anything, vomited, regurgitated, or experienced a medical condition that could affect the accuracy of the testing. In-station video, body-worn camera footage, CAD timestamps, and testimony are needed to show whether the required observation procedure was properly completed.

Breath testing depends on both the equipment being in working order and the person operating it according to protocols and procedures. An elevated reading does not eliminate the State’s obligation to establish a proper foundation for admission of the evidence by showing that the result was obtained according to all legally required procedures.

Defending Drug-DWI Allegations

Drug-related DWI cases present different issues because there is no single, nationally accepted, per se impairment standard equivalent to the 0.08% alcohol threshold.

The State may rely on driving behavior, physical observations, admissions, toxicology findings, evidence found in the vehicle, and/or an opinion from a drug-recognition evaluator. The defense must examine all the evidence the State plans to introduce. Including the evaluator’s qualifications, protocols, conclusions, evidence of alternative explanations, and whether the toxicology evidence supports the claimed category of impairment.

The detection of a substance alone does not always establish that the person was impaired while driving. In New Jersey, the State generally tests for the presence of a substance but not for the amount of the substance. Certain substances or metabolites, like marijuana or THC, may remain detectable long after their impairing effects have passed. Prescription medication use, dosage, timing, tolerance, medical conditions, and laboratory limitations must all be considered and scrutinized in Drug DWI cases. 

If the State relies on results from blood and/or urine testing, wise attorneys will raise questions about appropriate collection methods, whether the State obtained consent or a warrant, and storage, preservation,, chain of custody, testing methodology, sources of contamination, and interpretation of the results. .

Defending Refusal Charges

A refusal defense must focus on finding the weakness in the State’s evidence used to establish whether the officer had probable cause to arrest for DWI, whether the breath test was properly requested, whether the required standard statement was read, and whether the person actually refused.

Communication issues can be important. A driver may have difficulty understanding the warning because of language barriers, hearing problems, cognitive issues, a medical emergency, or confusion about the officer’s instructions. The recording and the exact sequence of questions and answers should be reviewed. Drivers are entitled to have the standard statement read to them in a language they understand. 

The defense should also examine whether the equipment was actually ready for testing and whether the officer gave the person a fair opportunity to provide the required samples. In refusal charges where the driver attempted to provide breath samples and the officer still wrote a refusal charge, attorneys need to look into whether the test was administered according to all the proper protocols and whether the machine operated properly. 

Negotiation and Trial Preparation

A proper negotiated resolution is based on more than simply just asking the prosecutor for leniency. Effective negotiation begins with understanding the evidence and identifying factual, procedural, or legal problems the State must address. It is essential that the attorney be able to understand and explain the strengths and weaknesses of the case and persuade the prosecutor why a resolution is in the best interest of the State. 

New Jersey prosecutors may now recommend plea agreements in DWI and refusal cases when the resolution is supported by an appropriate factual basis. The court must still review and approve the agreement. The availability of negotiations does not mean every case can be resolved by plea. Some cases present issues that should be litigated, while others may involve a negotiated result that better protects the client’s priorities.

Trial preparation can also strengthen negotiations. A defense supported by video, technical records, expert analysis, legal research, and a willingness to litigate carries more weight than a generalized request for a reduction.

Reinitz Law knows when to challenge evidence, when to negotiate, and when trial may be necessary. The firm’s objective is not to force every case down the same path. It is to determine which path provides the best opportunity to protect the client’s driving privileges, employment, licensing, reputation, and future.

Why Choose Reinitz Law for DWI Defense?

DWI and serious traffic cases require a working knowledge of New Jersey municipal court practice, evidentiary rules, testing procedures, sentencing law, and the practical consequences that may follow a conviction. Few attorneys in the State have a better working knowledge of these considerations than those at Reinitz Law.

Reinitz Law has more than 20 years of experience litigating DWI cases. As a former municipal prosecutor, he understands how prosecutors assess police reports, identify evidence they believe supports a conviction, negotiate cases, and prepare for trial. As a defense attorney, he remains actively involved in New Jersey municipal courts and the issues that arise in traffic and DWI cases. His peers voted him the Municipal Court Practitioner of the Year in New Jersey and elected him to Chair the Municipal Court Section of the New Jersey State Bar Association.

He also teaches courses to other attorneys on DWI and traffic law, including matters involving driving while suspended and leaving the scene of an accident. That work requires attention to changes in statutes, court decisions, procedures, and sentencing rules.

Those credentials provide important context, but Reinitz Law keeps the client’s case at the center of the representation.

Reinitz Law does not assume that every client needs the same outcome. A driver who depends on a car to commute has different concerns from a CDL holder. A licensed professional may need to consider disciplinary rules that do not affect another client. A noncitizen may need immigration advice, while an executive may be concerned about international travel.

The defense must account for those differences.

Reinitz Law works to identify the legal issues, explain the realistic options, and develop a strategy around the result the client needs. The process may include challenging the traffic stop, contesting breath or toxicology evidence, seeking missing discovery, negotiating with the prosecutor, filing motions, or going to trial.

Reinitz Law Firm’s approach also reflects the managing partner’s philosophy: reduce the client’s uncertainty, do the necessary homework, understand what is truly at stake, and use preparation to create the strongest available position.

Protecting Your Future After a New Jersey DWI Arrest

DWI charges are among the most complex and costly matters a New Jersey driver can face. The penalties may include jail, loss or restriction of driving privileges, an ignition interlock device, fines, IDRC requirements, insurance consequences, loss of commercial driving privileges, and other expenses.

The effects can extend beyond the sentence. Employment, professional licenses, immigration status, family obligations, insurance, and travel may all become part of the client’s concerns. Because a DWI conviction cannot be removed through an expungement, the decisions made during the case deserve careful attention.

Fortunately, DWI and refusal allegations can be challenged. The police must justify the stop and demonstrate probable cause for the arrest. SFST evidence must be evaluated in context. Breath and toxicology evidence must satisfy legal and scientific requirements. Refusal procedures must be followed. The State must prove the charge beyond a reasonable doubt with only admissible evidence.

Reinitz Law represents drivers in Bergen County and throughout New Jersey. The firm combines municipal court experience, careful evidence review, informed negotiation, and trial preparation with a strategy designed around the client’s individual needs.

Contact a Bergen County DWI Lawyer Today

A DWI arrest does not tell the complete story of your case. Before entering a plea or assuming that the State’s evidence cannot be challenged, speak with an attorney who understands New Jersey DWI law and the consequences that matter to you.

Call Reinitz Law at (201) 345-6262 to schedule a confidential consultation.

The firm represents clients charged with alcohol-related DWI, drug-related DWI, refusal, and serious traffic offenses in Bergen County and municipal courts throughout New Jersey.

Frequently Asked Questions About New Jersey DWI Charges

Q. Is DWI a criminal offense in New Jersey?

A. A  DWI charged under N.J.S.A. 39:4-50 is classified as a motor vehicle offense and heard in municipal court. It is not a disorderly persons offense or even an indictable crime heard in Superior Court. That classification does not make it a minor charge. On the contrary, a DWI conviction can involve fines, fees, the installation of an ignition interlock device, attendance at the IDRC, loss of driving privileges, community service, and jail.

A DWI incident may also produce separate criminal charges when it involves bodily injury, death, controlled substances, eluding, assault by auto, or other alleged criminal conduct.

Q. Can a New Jersey DWI conviction be expunged?

A. No. A New Jersey DWI conviction is treated as a motor vehicle offense and appears on a New Jersey Driver’s Abstract and is not eligible for removal through the criminal expungement process.

That means it can remain part of the person’s driving history forever and will affect how a future DWI is sentenced. The lasting nature of the record is one reason a driver should understand the evidence and available options before entering a plea or proceeding to trial.

Q. Will I lose my license after a first DWI?

A. The answer depends on many variables, including the alleged BAC, whether the case involves drugs, whether you principally own or operate a vehicle, and the sentencing law applicable to the offense or sentencing date.

For most first alcohol-related DWI charges, New Jersey’s current system requires the installation of an ignition-interlock device rather than a suspension. Drivers with a BAC of 0.15% or greater face a period of license forfeiture. A first drug-DWI carries a seven-month-to-one-year loss of driving privileges.

Q. Is an ignition interlock required for a first DWI?

A. An ignition interlock is required following a first alcohol-related DWI conviction. The time to install and the duration depend on the BAC tier.

A first offense with on-observation or with a BAC from 0.08% to below 0.10% requires three months. A BAC from 0.10% to below 0.15% requires seven months to one year. A BAC of 0.15% or higher carries a 90-day loss of driving privileges and requires the installation of the interlock.

Only an installer licensed by the New Jersey Motor Vehicle Commission may be used. Consult your attorney to better understand which company may be right for you. 

Q. Can I install an ignition interlock before my case is resolved?

A. Yes. You may voluntarily install an ignition interlock device before conviction, but you also have to go to the MVC and request the interlock endorsement notation be added to your license. This, though, does not always make sense from a strategic standpoint.  Pre-conviction installation that meets the statutory requirements will provide credit towards a suspension, but not towards an interlock-only sentence. Installing prior to going to court to resolve the matter by plea to a DWI is wise in all alcohol related DWI cases, as the pre-installation will save you from having to be suspended pending installation and will allow the court to waive certain fines. You should speak with your attorney to determine when installation makes the most sense for your case.  

Drug-DWI cases and cases involving serious bodily injury are subject to different rules or exclusions. Pre-Installation alone may not be enough to get the benefits; the driver must complete the corresponding MVC requirements so that the interlock endorsement shows up on their driver’s abstract.

Q. What happens if I refuse the breath test?

A. Refusal is a separate charge from DWI. A driver may face both charges from the same incident.

To prove a standard refusal charge, the State must establish the officers had probable cause to make an arrest for DWI, that they requested testing, completely read the required warnings, and that there was an actual refusal by the driver. 

Alternate means of charging and proving a refusal may be based on words or conduct, including failing to provide sufficient breath samples or not complying with breath testing procedures.

A conviction subjects a person to fines, attendance at the IDRC, installation of an ignition interlock device, and/or a license suspension.  The consequences increase for repeat refusal offenses.

Q. Can a DWI charge be reduced or dismissed?

A. A DWI may be dismissed when the State cannot meet its burden of proof of having evidence beyond a reasonable doubt for each element of the offense.  This arises from negotiation and motion practice by defense attorneys who demonstrate holes in the case or institute legal challenges that lead to the exclusion of evidence needed to prove the charge. 

New Jersey also permits prosecutor-recommended plea agreements in DWI cases when the proposed resolution has an appropriate factual basis and receives court approval. That does not mean every charge will be reduced. The possibilities depend on the stop, arrest, field testing, chemical evidence, video, discovery, prior record, and other factual and legal circumstances.

Q. Can I be convicted without a breath-test result?

A. Yes. New Jersey may pursue an observational DWI case without a reported BAC. The State may rely on driving behavior, the officer’s observations, statements, field sobriety performance, video evidence, and other facts to build a case on the “totality of the circumstances,” not a simple per se case where the reading establishes intoxication.

The absence of a breath-test result does not automatically eliminate the charge, but it changes the evidence the State must rely upon. The defense may challenge whether those observations reliably prove impairment and whether evidence and other factual explanations provide reasonable doubt for the person’s appearance or conduct.

Q. Can a DWI affect my CDL or professional license?

A. Yes. A DWI may have consequences beyond your  New Jersey driver’s license.

Commercial drivers face a minimum of a 12-month CDL disqualification and employment consequences even when the incident involved a personal vehicle. Licensed professionals may have reporting duties or disciplinary exposure under the rules of their board or employer.

Because those consequences vary, they should be identified early. The DWI attorney may need to coordinate with employment, licensing, ethics, or regulatory counsel when appropriate.

Q. How soon should I contact a DWI lawyer?

A. A driver should seek legal advice as soon as reasonably possible after an arrest.

Early involvement gives the defense time to request video, preserve evidence, identify witnesses, obtain technical records, review pre-conviction ignition interlock options, and prepare for the first meaningful court appearance.

It also gives the client guidance about discussing the incident, posting online, responding to an employer, and addressing professional or commercial-license concerns. Early representation cannot guarantee a result, but it provides more time to investigate and prepare.

Connect with Experienced DWI Representation at Reinitz Law.

A DWI arrest can leave you feeling overwhelmed, uncertain, and concerned about what comes next. While the legal process may seem intimidating, you do not have to navigate it alone.

At Reinitz Law, every case begins with listening. Reinitz Law takes the time to understand your concerns, explain your options, and develop a strategy designed around what matters most to you. Whether you are worried about your driver’s license, your career, your professional reputation, or your family’s future, you deserve representation that reflects the seriousness of those concerns.

If you have been charged with DWI in Bergen County or anywhere in New Jersey, now is the time to learn about your rights and your options. Contact Reinitz Law today to schedule a confidential consultation and begin working toward a solution that protects the life you have worked hard to build.

Call Reinitz Law at (201) 345-6262 today!