Reader’s Question:

I have a DWI conviction here in Clifton, New Jersey and I’m working my way to clear it. What could be the consequences if I don’t clear my DWI record?

Daniel

Clifton, NJ

Even a misdemeanor DWI charge in Clifton, New Jersey would show up on your criminal records so it’s good that you are working your way to clear it. Although, a felony DWI conviction is obviously more serious, an average person who would see your record would simply note “DWI” and that could limit your opportunities based on that fact alone. Let me also remind you that both the Department of Motor Vehicles (DMV) would have your criminal record on file so you need to clear both records for you to truly clear your name.

If you don’t clear your DWI record, that could easily affect your future job prospects and your housing situation, even your voting rights and educational loans. When prospective landlords and employers do a background check, they would find your DWI criminal record unless you work to clear it. You may also have difficulty getting an auto insurance but there are still some auto insurance companies willing to give you coverage like the one who could offer you online rate quote from this website.

Tags: auto insurance, DMV, drunk driving laws, DWI, DWI lawyer

Reader’s Question:

Aside from DWI, my brother was also charged with other crime when he was arrested here in Vineland, New Jersey. How can I convince him to hire a DWI lawyer to help him on his defense? Also, can a lawyer get one of the two charges in DWI dropped?

Helena

Vineland, NJ

If your brother is being charged with other crimes such as a hit and run or resisting arrest in addition to his DWI charge in Vineland, New Jersey, he definitely has to hire a lawyer. You can convince him in doing so if you explain to him that the additional charges complicate things and increase the maximum and minimum possible penalty and a lawyer is better equipped to negotiate deals in these cases including potential dismissals of certain charges.

But do not be fooled by DWI lawyer who are claiming that they could get one of the two charges in a DWI dropped. All DWI, assuming there was a breath or blood sample given that tested at or above 0.08%, consists of two kinds of charges. The first one is that the DWI suspect was “under the influence” and the other one is that the blood alcohol content was at or above a 0.08%. A person could not be sentenced for both charges by law so getting one of them dismissed is no great feat.

Tags: blood test, breath test, DWI, DWI lawyer

Reader’s Question:

How many years does a DUI or DWI remain on your driving record in Irvington, New Jersey?

Beth

Irvington, NJ

The New Jersey Motor Vehicle Commission (MVC) states that a person with a BAC of 0.08% or greater who drives a motor vehicle or a boat is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious violation, with heavy penalties including:

• Fines, fees and surcharges
• Jail time
• Community service

The mandatory fines and penalties associated with a drunk driving for a BAC .10% or greater are:

• loss of license for 7 months to 1 year
• up to 30 days imprisonment
• 12 - 48 hrs IDRC - Intoxicated Driver Resource Center
• $300 - $500 fine
• $100 to drunk driving fund
• $230 IDRC fee
• $100 to AERF - Alcohol Education and Rehabilitation Fund
• $1,000/year (for 3 years) surcharge
• $75 to Neighborhood Services Fund

A DUI with a BAC of greater than .08% but less than .10% comes with penalties of:

• license lost for 3 months
• up to 30 days imprisonment
• 12 - 48 hrs IDRC - Intoxicated Driver Resource Center
• $250 - $400 fine
• $230 IDRC fee
• $100 to drunk driving fund
• $100 to AERF - Alcohol Education and Rehabilitation Fund
• $1,000/year (for 3 years) surcharge
• $75 to Neighborhood Services Fund

As for how long the DUI offense stays on your Irvington, New Jersey driving record, according to the New Jersey MVC in New Jersey a DUI conviction will stay a permanent part of your New Jersey driver record.

Tags: DUI, DWI insurance, traffic violation

Reader’s Question:

I need to get an auto insurance from another company because my insurance has been cancelled due to my drunk driving charge here in Passaic, New Jersey. Could you please tell me where can I buy my auto insurance after my DWI?

Vic

Passaic, NJ

There are a lot of options that you have to get the right auto insurance after your insurance policy has been cancelled because of your drunk driving charge in Passaic, New Jersey. You can purchase your auto insurance through insurance companies that sell through their own employees and through your local insurance agent, by mail, over the Internet or over the phone. You can also consult the state insurance department, friends or relatives, the yellow pages of your phone book for the names of insurance companies doing business in the state of New Jersey.

In most states, there are dozens, sometimes even hundreds of insurance companies to choose from, which depend on the type of insurance you are looking for. Just make sure that the auto insurance company that you will choose is licensed to operate in the state of New Jersey and has a good reputation about their service. It is so easy to get an online rate quote for great car insurance that you need and that is available though this website.

Tags: auto insurance, car insurance quotes, drunk driving insurance, DWI

Reader’s Question:

What happens if I don’t inform my auto insurance company that I am cancelling my policy with them? I don’t want to deal with them anymore since they raised my premiums after my DWI arrest here in Toms River, New Jersey.

Jalon

Toms River, NJ

There are two significant things that you have to know if you do not inform your auto insurance company of your decision to terminate your policy after they increased your rate when you were arrested for DWI in Toms River, New Jersey, even if it is at the end of your policy period. The first thing is that the auto insurance company would send you a bill for your next premium payment. Second is that when they don’t hear from you, the auto insurance company would formally cancel your policy because you failed to pay your premiums on time - and that will go on your credit report.

If your auto insurance policy would be cancelled, it could haunt your insurance future. Cancellation would be a red flag for insurance companies looking at prospective customers. If an insurance company sees on your claims history that you have recently been cancelled, even if your credit rating is good, that could be the basis for denying your coverage or charging you a steep rate as a risky applicant. So make sure that you cancel your policy properly by informing your insurer and I am sure that you are looking for an auto insurance company now that would give you coverage so try to get an online rate quote available from this website.

Tags: auto insurance, DWI, DWI arrest

Reader’s Question:

I was charged with DWI here in Wayne, New Jersey and I really don’t know what to do now. Do you think that I can handle my drunk driving case on my own?

Latisha

Wayne, NJ

If you don’t know what to do after your DWI charge in Wayne, New Jersey, then you definitely cannot handle your drunk driving case on your own. Other people accused of DWI calls and conduct consultations with different DWI lawyers and they are simply trying to extract as much legal advice as possible because they intend on defending their DWI case on their own. The honest truth about this is that most persons will have difficulty in even obtaining discovery from the police department. A lot of DWI suspects have tried to obtain discovery such as blood or breathalyzer test results but they were told by the police that the records could only be obtained by a lawyer.

Regardless of whether or not this response from the police department is proper, this is the norm. It is extremely difficult to overcome the more technical issues and hurdles which exist in your DWI case and more importantly, to do so in a manner in which a genuine drunk driving defense is not compromised.

Tags: blood test, breath test, DWI, DWI arrest, DWI lawyer

Reader’s Question:

My son hasn’t learned his lesson and got charged for DWI for the second time here in Elizabeth, New Jersey. If he will be convicted, what are the penalties that he would have to face?

Rachel

Elizabeth, NJ

The first thing that you need to do now is to contact a DWI defense lawyer to help your son against his second DWI offense in Elizabeth, New Jersey. An experienced DWI lawyer would represent your son’s interests throughout the course of his DWI case. The DWI lawyer would be able to save your son’s freedom and driver’s license which will be suspended for two years if he gets convicted. At the end of the suspension period, he could make an application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application could be granted at the discretion of the chief administrator.

The other penalty involved for a second DWI offense would a fine of $500 to $1,000. He will also be ordered by the court to perform community service for 30 days and shall be sentenced to imprisonment for a not less than 48 consecutive hours to 90 days, which shall not be suspended or served on probation. He will also be required by the court to install an ignition interlock device or shall have his registration certificate and registration plates revoked for two years.

Tags: driver’s license, drunk driving laws, DWI, DWI lawyer, DWI penalties

Reader’s Question:

A friend of mine was charged with DWI here in Paterson, New Jersey after failing the breath test that he took when he was arrested. What I need to know is that, what are the guidelines that the operator of the breath test machine needs to follow? I’d like to find out these things in case the operator made mistakes, maybe my friend can use it as his defense.

Elton

Paterson, NJ

There has been some reported errors over the years in the breath test machines and these errors could have committed at the time of your friend’s testing when he was arrested for DWI in Paterson, New Jersey. Police officers are supposed to follow certain guidelines that direct the operator on how to avoid mistakes due to temperature.

The simulator solution of the breath test machine has to be kept at 34 degrees centigrade, plus or minus .02; otherwise, it would give inaccurate results. An example is that a decrease of one degree would cause a 6.8 percent decrease in the amount of alcohol, providing an inaccurately higher blood alcohol content (BAC) reading for tested breath samples. The human factor would further render the results unreliable as an operator is supposed to check the thermometer attached to the simulator. The sample chamber also needs to be heated to exactly 50 degrees; this must be monitored by the machine’s computer. Lastly, if the breath tube was not properly heated to 50 degrees, condensation could form in the tube, capturing alcohol during a test. So it would be possible that alcohol residue would show up in later breath samples from a previous DWI suspect’s test.

Tags: blood alcohol content, breath test, DWI, DWI lawyer

Reader’s Question:

Is it true that hospital blood test in a DUI case has different problems? We want to know if we could be able to use that as a defense in my sister’s DWI case here in Jersey City, New Jersey.

Hiram

Jersey City, NJ

A hospital blood test has a legion of problems so the results could not be reliable as well. So definitely, Hiram, your sister could use that as a defense in her DWI case Jersey City, New Jersey. Rather than the rule, blood tests are the exception in DWI cases. It would be suffice to say that the emergency room blood test of a hospital is designed to produce a “quick and dirty” result to give the doctors an idea of what they are dealing with, not a result the precise, technical and demanding arena of the courtroom.

The good news about this is that the blood sample drawn from your sister during the DWI investigation is saved and could be retested by the defense for accuracy, unlike the breath sample which is literally blown out of a hole in the breath machine. Blood tests do require more steps and more time so a qualified personnel should draw the sample in sanitary conditions. Your sister’s DWI lawyer could definitely investigate the condition of the hospital when she was tested and if an authorized person was the one who drew blood from her.

Tags: blood alcohol test, DWI, DWI lawyer

Reader’s Question:

I have a DWI charge here in Newark, New Jersey and one of my main concerns is my car insurance. Is it true that a car insurance policy with SR22 insurance coverage means that I would have to pay higher premiums?

Helen

Newark, NJ

Yes, it’s true that after your DWI charge in Newark, New Jersey, I’m sure that you will soon realize that since you have to obtain an SR22 car insurance, your premium rate would not be cheap. The reason for this is simply because anyone who needs SR22 car insurance is said to be considered a high risk driver. But consumers don’t pay the high price blindly because they must realize beforehand just how expensive the car insurance would be.

Shopping around could probably help to reduce drastically the price of your car insurance policy. You could definitely check with your local insurance companies to see how much they would charge to provide you a car insurance policy with SR22 car insurance coverage. But before accepting or signing onto one specific insurance company, you might also want to check around on the Internet and see what type of pricing you could get. The more that you shop around, the better of a chance that you would have in obtaining a less expensive car insurance policy with SR22 insurance coverage. I’m sure that you could definitely get a low premium rate for SR22 car insurance if you start your search by getting an online rate quote available from this website.

Tags: car insurance, drunk driving laws, DWI, DWI lawyer, SR22 insurance