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The Law Offices of
John F. Marshall
600 Broad Street
Red Bank, NJ 07702
Phone: 877-450-8301
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DWI FAQ
Below you will find some answers to frequently asked questions our office receives.We encourage you to call our offices for a complimentary consultation and more detailed answers.
If I am found guilty of DWI can I still drive to work?
Court and the Division of Motor Vehicles cannot and will not issue any “work” or “conditional” license during a period of suspension. This why vigorous and thorough representation is so important
What is the legal blood alcohol limit in New Jersey?
The legal Blood Alcohol Content (BAC) in New Jersey is .08 %.Regardless of how you feel, if you are found to be driving with a BAC of .08% or higher, you will be charged with DWI.
What are the surcharges in New Jersey for DWI convictions?
State surcharges vary based on whether this is your first offense, second or third.You can expect to pay a minimum of $1,000 a year for three years for a first or second offense. For a third offense, the surcharges increase to $1,500 a year for three years.
Do I have to hire an attorney?
No, you do not have to hire an attorney, however, you are not entitled to an attorney by the state.Because DWI in New Jersey is not considered a criminal defense, you will not be automatically represented.
An experienced DWI attorney will navigate through the legal rhetoric you are about to come face to face with. Remember, there is a skilled prosecutor working against you, it would make sense to have someone as equally skilled, if not more, in DWI laws working for you .Click here to read about hiring a DWI attorney.
I did not consent to a breathalyzer and the police gave me one anyway. Is this legal?
You do not have the legal right to refuse to take a breathalyzer test.When you applied to drive you gave “implied consent” for the police to give you a breathalyzer test, at their discretion.Refusing a breathalyzer could and most often will result in the same DWI charges being brought against you.
Click here to read more about NJ Breathalyzer laws.
If you would like to speak with one of our lawyers about circumstances surrounding your arrest, please call our Red Bank, NJ office toll free 877-450-830.
Criminal defense attorneys at the Law Office of John F. Marshall, our Red Bank, New Jersey, firm, serve clients in communities throughout New Jersey, including Monmouth County, Ocean County, and Middlesex County, Edison, Brunswick, Old Bridge, Sayreville, Woodbridge, Aberdeen, Asbury Park, Highlands, Belmar, Eatontown, Freehold, Hazlet, Holmdel, Howell, Long Branch, Middletown, Ocean, Red Bank, Sea Bright, Sea Girt, Tinton Falls, Wall, Brick, Dover, Jackson, Point Pleasant.