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Driving while Suspended for DWI

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Proetta & Oliver

Driving while Suspended for DWI Lawyers in Union Twp. NJ

Driving with DUI Suspension 2C:40-26 Defense NJNo doubt, having a license suspension affects all areas of your life, from employment to driving your kids to school and everything in between. But driving with a suspended license, especially after a DWI, compounds your problems with the law. A license suspension in New Jersey may happen for many reasons. Some common precursors for suspending a driver’s license include having 12 or more points on your driving record, causing a fatal accident, having a drug offense conviction, failing to pay insurance, reckless driving, failing to pay fines or surcharges, failing to appear in court, having a physical or mental condition that affects driving, committing fraud on a driver’s license application, refusing to take a breathalyzer test, failing to install an ignition interlock device, abandoning a car or other vehicle on a public roadway, driving without a valid license, leaving the scene of an accident, failing to pay an accident victim, failing to pay child support, giving your license to a driver with a suspended license, or driving under the influence of drugs or alcohol. If your DWI led to a license suspension, you could be forced to pay high fines, endure a longer license suspension and spend time in jail if you are subsequently charged with driving while suspended for DWI. 

Our dedicated team of criminal and DWI defense lawyers has the background and concentration in defense against criminal charges and DUI charges that you need when facing the serious predicament of driving with a suspended license from a DWI conviction. If you have been accused of this offense, which violates NJSA 2C:40-26, in Union County or anywhere else in New Jersey, seek the answers to your questions and the legal guidance to cut through the overwhelming feelings of uncertainty. Our attorneys appear on behalf of clients facing charges in Cranford, Clark, Elizabeth, Mountainside, Union Township, and nearby towns in Central Jersey, offering our all to each and every client’s case. Contact our office online or by calling (908) 838-0150 anytime to consult with a defense lawyer in a free consultation. 

How Long do you Lose your License for a DUI in NJ?

If you have been convicted of a DWI, your first-time DUI sentence includes a license suspension until you get your vehicle equipped with an ignition interlock device that registers your blood alcohol content before you drive. However, if your blood alcohol content (BAC) registered 0.15% or higher, your license could be suspended for four to six months. And if you refused to take a breathalyzer test when stopped by an officer, your license is suspended until your interlock requirement is met, and that lasts seven months to a year. Additionally, if you are a driver under 21, you lose your license for 30 to 90 days if your BAC is between .01% to .010%, or if you have yet to receive your license, then your license may be delayed for 30 to 90 days after passing your driver’s test.

A first-time DWI may come with a license suspension, but your second DWI is sure to come with a license suspension. If your conviction follows prior DWI convictions, your license suspension is mandatory for one to two years for a second conviction and ten years for a third DWI offense or more.

Once your DWI conviction sentence is fulfilled, meaning you served your jail time, paid your fines and surcharges, drove with the ignition interlock device for the months or years required, taken your driver education courses at an intoxicated driver resource center, served community service, if any, and the license suspension time passed, you can restore your license. You must pay the required Motor Vehicles Commission fees and fill out the required forms. If you fail to complete any portion of your DWI sentence, the Motor Vehicle Commission may suspend your license for a longer period than the court ordered.

Driving on a Suspended License for DWI Charge and Punishment

If you decide to drive while your license is suspended for DUI and get caught, you can expect to pay up to $1,000.00 in fines, go to jail for ten to ninety days, and lose your license for a maximum of two years.

For a second driving on a suspended license after a DWI or refusal conviction, you are looking at a fourth-degree crime charge and spending 6 to 18 months in jail with no eligibility for parole for 180 days, in addition to paying upwards of $10,000.00 in fines. That means you are going to jail for six months without any time off for good behavior, and your license can be suspended even longer. This crime violates New Jersey Statute Section 2C:40-26 and clearly entails severe repercussions for those convicted.

The consequences for driving on a suspended DUI license are much worse than those for typical driving with a suspended license offenses. Typical driving on suspended license convictions that are not based on a DWI conviction include a $500.00 fine and a maximum six-month license suspension. If you have a prior driving on a suspended license conviction, your fine increases by $250.00, and you risk spending up to five days in jail, plus a maximum six-month additional license suspension. Your third offense raises the fine to $1,000.00 and a ten-day county jail stay, plus the suspension extension.

Defense for Driving with a Suspended License for DWI in Cranford, Clark, Elizabeth, Westfield, and across Union County NJ

Basically, if you get charged with driving on a suspended license after being convicted for driving under the influence, you are in for more months or years sorting out your affairs with the legal system. You probably want to consider talking through your case and your options with a criminal lawyer who handles these cases on a regular basis. A savvy criminal defense attorney familiar with DWI and suspended license charges may be able to help you reduce your fines and jail time exposure, or even get the charges dismissed entirely with the right defense strategy.

They might be able to highlight the weaknesses in the prosecution’s case to persuade them to lighten the proposed sentence or obtain a dismissal of your case altogether if law enforcement failed to legally detain and charge you or there are other issues that make the case fundamentally flawed in the eyes of the law.

While a DWI stays on your driving record, you can expunge the additional marks on your record for having been arrested for a DUI license suspension violation if you are charged with the fourth degree criminal offense version and are able to get the charges dropped. Your conviction no longer appears on your record after you get an expungement in New Jersey.

Contact a criminal defense attorney at our firm for a free consultation to answer any questions you may have regarding your charges for driving on a suspended license for DWI. Whether it be Scotch Plains, Summit, Berkeley Heights, New Providence, Plainfield, Westfield, or another town where your alleged offense occurred, we at Proetta & Oliver are here to help. Contact (908) 838-0150 for personalized legal guidance and assistance. 

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Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted

JERSEY CITY OFFICE

242 10th Street Suite 103 Jersey City, NJ 07302

Phone: (201) 793-8018

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EDISON OFFICE

3840 Park Ave, Suite 202 A, Edison NJ 08820

Phone: (732) 659-9600

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CRANFORD OFFICE

20 Commerce Drive, Room 135 Cranford, NJ 07016

Phone: (908) 838-0150

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