What Factors Might Enhance Or Aggravate A DWI Charge?

A high blood alcohol concentration reading of perhaps more than double the minimum would potentially raise the time for which the person would lose their license. It would be somewhere closer to 12 months which would be the maximum amount of time under the first offense statute.

Other aggravating circumstances could make a person’s charges rise to something criminal in nature, such as a disorderly person’s offense or perhaps even an indictable offense under the New Jersey laws.

Additional aggravating factors would include driving with a minor in the vehicle or eluding the police when they were trying to stop the person. Those charges would be added in addition to the traffic offense of driving intoxicated.

There Would Be Repercussions Of Refusing A Breath, Blood Or Urine Test

Refusal of a blood, breath or urine rest would be a separate statute that would typically be charged at the time the person refused. This would typically happen back at the headquarters, or the barracks of the arresting police officer.

The police officer would be required to tell the person all the additional penalties they would be charged with, or the penalties they would face if they refused to give the breath sample.

The person’s answer to those additional warnings would typically be memorialized on a worksheet, so the officer would write “Yes” or “No” and they would record it even if the person gave some kind of ambiguous answer.

The officer would typically have to read the person a second warning and they would usually charge the person with DWI if they gave an answer that was anything other than an unequivocal “yes” to that second warning.

This process would vary widely between different officers. Some really encourage a person to try to do it whereas others would simply do the bare minimum such as telling he or she what their rights are and what the person would have to do. Then the person would be given a refusal which would carry the seven months loss of license for a first offense.

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The Interlock Ignition Device

The ignition interlock device would require a breath sample that was free of any alcohol on his or her breath before a vehicle would actually start. Oftentimes the machine would require the person to blow into it during the operation of the vehicle to keep the engine from shutting off as well.

This is a mechanical device manufactured by different companies that were approved by the New Jersey DMV, and the person would have to actually have it installed by a professional installer.

Who Would Be Required To Have An Ignition Interlock Device In New Jersey?

The ignition interlock device would be for first time offenders with a recorded proved reading of above 1.5. Second offenders and subsequent offenders would all have to have interlock devices placed on the ignition of their car, or of a car, for a prescribed amount of time before they would be allowed to drive and or get their license back.

Laws In New Jersey Do Not Address Drug Metabolites In The Person’s System

The only way police would find out what was in the person’s system would be to receive a urine or blood sample. Really, the only way to obtain such a sample would be to either request one or to obtain a subpoena or warrant for extraction of those fluids.

The only reason they would ask consent from the person or get a warrant the court would be if they believed the person was under the intoxication of a drug or a narcotic.

Once they are at that point, the police would be likely to charge the person or they would have already charged the person with driving while intoxicated/ Since there would be no lower tier for a smaller amount of substance they believed was in the person’s system, they would judge the person based on the intoxication they were showing, rather than the levels of the substance.

There Are An Increasing Number Of Cases Involving Either Illegal Or Prescription Drugs Versus Alcohol

More cases involving drug DWIs have been coming up lately and they seem to be about equal to the amount of alcohol related DWIs. This is probably happening because prescription painkillers and sleeping aids are more widely accepted and used now.

Upon suspecting someone is under the influence of drugs, the police officers would employ a drug recognition expert to identify what was intoxicating the person in order to prove the case against them.

For more information on Aggravating Factors For DWI In New Jersy, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (732) 223-8480 today.


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