Yes, there are many ways to challenge your DWI charge. The traffic stop must be supported by reasonable suspicion. The police officers must have probable cause to believe that you are intoxicated to conduct the field sobriety tests and breathalyzer test. The field sobriety tests can be challenged. The breathalyzer test can be challenged, for example, based on the breath test operator being unlicensed or the breathalyzer machine malfunctioning. These are just a few of the tactics to contest DWI charges.
Attorneys fees for DWI charges can range greatly depending on prior offenses, the BAC reading, a trial, and most importantly – the experience and quality of your defense attorney.
The legal limit in New Jersey is a Blood Alcohol Content (BAC) of .08 %
For a first and second offense, the surcharges are $1,000 a year for three years. For a third offense, the surcharges are $1,500 a year for three years.
A DWI in New Jersey is not considered a criminal offense, it is considered a motor vehicle violation. Because it is a “quasi-criminal” offense, you are not entitled to an attorney when you are stopped, subjected to sobriety testing, and arrested for a DWI. However, you should contact an attorney once you are charged with a DWI in order to contest any issues relating to your vehicle stop or testing.
No, you will be tried in front of a municipal court judge in the municipality you have been charged in.
Generally, roadblocks are constitutional if certain procedures are followed by law enforcement officers. Under State v. Kirk, the court held that temporary road block set up by exercise of absolute, unbridled discretion of officers in field is violative of State Constitutional provision against unreasonable seizure; however, if certain procedures set forth, ensuring supervisory control of checkpoints and warnings to motorists, are carefully followed, any constitutional objections will be overcome.