Aggressive Passaic County DWI Lawyers Protecting Your Future

Last updated on April 30, 2025

New Jersey takes driving under the influence of drugs or alcohol charges seriously. If you or a loved one face impaired driving charges in Passaic County, you need an experienced DWI defense attorney on your side as soon as possible.

At Acquaviva Law Offices, LLC, our attorneys have over 30 combined years of legal experience that we will put to work for you. As a former prosecutor and an experienced defense lawyer, our founding attorney, Alfred V. Acquaviva, has seen both sides of the criminal justice system. He and our legal team know what goes into building a strong case that protects your rights and future. Our skilled DWI attorneys will fight tirelessly to help you maintain your driver’s license and protect your future.

Helping You Avoid Devastating Consequences

In New Jersey, you can face serious penalties if convicted of driving a vehicle with a blood alcohol content (BAC) of .08% or above, or under the influence of drugs. If you were caught driving under the influence of drugs such as marijuana, heroin, opioids or any other drug that decreases alertness, you may face a DUI charge.

Depending on the circumstances of your case, and if you have prior DWI or DUI convictions, you could face penalties such as:

• Expensive fines
• Jail time
• License revocation or suspension
• Insurance surcharges
• Attending an Intoxicated Driver Resource Center
• The use of an ignition interlock device

In New Jersey, everyone convicted of a DWI must give up their driver’s license until an ignition interlock device is installed, which can take weeks to months. Even for a first offense, the court can penalize you with jail time, loss of your driver’s license and hefty fines. The penalties for multiple offenses are even more severe.

Understanding New Jersey’s DWI Penalties

New Jersey imposes strict and escalating penalties for DWI offenses, with consequences becoming increasingly severe for repeat offenders. Below is an overview of the potential penalties for first, second and third DWI convictions in the state.

First Offense

• Fine: $250 to $400 for a BAC under .10% or $300 to $500 for a BAC of .10% or higher
• Jail: Up to 30 days
• License suspension: Three months for a BAC under .10% or seven to 12 months for a BAC of .10% or higher
• Ignition interlock device: Required while the license is suspended and six to 12 months after it is restored
• Intoxicated Driver Resource Center (IDRC) program attendance: 12 to 48 hours
• Auto insurance surcharge of $1,000 a year for three years

Second Offense

• Fine: $500 to $1,000
• Jail: Two to 90 days
• License suspension: Minimum of one year and up to two years
• Ignition interlock device: Required while the license is suspended and two to four years after it is restored
• Required evaluation, referral and completion of the IDRC program
• Community service: 30 days
• Auto insurance surcharge of $1,000 a year for three years

Third or Subsequent Offense

• Fine: $1,000
• Jail: 180 days, which may include serving 90 days in an inpatient alcohol or drug rehabilitation facility
• License suspension: Eight years
• Ignition interlock device: Required while the license is suspended and one to three years after it is restored
• Required evaluation, referral and completion of the IDRC program
• Community service: 30 days
• Auto insurance surcharge of $1,500 a year for three years

DWI As A Traffic Violation vs. Criminal Offense

New Jersey classifies DWI as a “motor vehicle offense” or “traffic violation” rather than a criminal offense in the traditional sense. However, this doesn’t mean the penalties aren’t serious.

While a standard DWI is not considered a felony, certain DWI-related situations can result in indictable offenses, which is equivalent to felony charges. These include:

• Vehicular homicide: If a DWI results in someone’s death, you can be charged with a second-degree crime, punishable by five to 10 years in prison.
• Assault by auto: Causing bodily injury while driving intoxicated can lead to a fourth-degree or third-degree crime, depending on the severity of the injuries.
• Driving with a suspended license due to DWI: A subsequent offense of driving with a suspended license due to a DWI conviction can result in a fourth-degree crime.

Given the severe financial, personal and professional consequences of a DWI conviction in New Jersey, securing experienced legal representation is crucial. Working with an experienced Passaic County DWI lawyer is vital for protecting your rights and potentially minimizing penalties through proper defense strategies or alternative sentencing options.

Encountering DWI Checkpoints In Passaic County

DWI checkpoints, also called sobriety checkpoints, are legal in New Jersey. Checkpoints allow police to stop vehicles to check for signs of impaired driving briefly. However, law enforcement must follow specific guidelines to ensure their actions are constitutional.

Police must announce checkpoints publicly beforehand, use a neutral formula for stopping vehicles (like every third car), ensure proper lighting and signage and have supervisory personnel present during operations. If you encounter a checkpoint, here’s what you can expect:

• You’ll need to slow down and follow officers’ directions to stop
• Be ready to present your license, registration and insurance
• Officers will briefly observe you for signs of impairment
• The stop should be relatively quick if you show no signs of intoxication
• Police may ask basic questions about where you’re coming from or headed
• If officers suspect impairment, they will likely direct you to a secondary screening area
• You maintain your constitutional rights throughout the process
• You can refuse field sobriety tests, but this may lead to arrest based on other observations
• Refusing a breath test after arrest carries separate penalties in New Jersey

If arrested, contact a lawyer immediately. We understand how frightening this can be, but our knowledgeable DWI defense attorneys work diligently to protect your rights and explore all possible defenses.

The consequences of a DWI conviction can affect your driving privileges, finances and freedom, making professional legal representation essential from the earliest stages of your case.

Get Started On Your DWI Defense Today

Even though the state considers DWIs and DUIs as traffic offenses, you still need an experienced attorney to help you avoid serious consequences. To schedule a free initial consultation, call us at 973-869-5805 or complete our online contact form to get in touch with us. Hablamos español.