Freehold NJ DWI Lawyer | Freehold Twp DUI Attorney

Freehold NJ DWI Lawyer | Freehold Twp DUI Attorney Our New Jersey DWI defense attorneys represent clients in Freehold Boro and Freehold Township for driving while intoxicated and Refusal charges.

Experienced NJ Criminal and DWI Defense

Thank you for visiting .My New Jersey law practice is dedicated exclusively to criminal and DWI defense. With offices in Ocean, Monmouth and Middlesex counties, we are your local option for your defense needs. Schedule a FREE consultation today.

Have you been charged with Driving While Intoxicated in Ocean, Monmouth or Middlesex Counties? Is your loved one facing a Refusal or a Second DUI Offense in Freehold,Freehold Boro, Manalapan, Marlboro, Colts Neck, or Howell, NJ? You should know that the consequences of New Jersey Drunk Driving offenses are severe but there are ways to fight your charges to beat or mitigate the penalties. James Fagen offers tough, experienced legal defense to clients facing DUI offenses such as:

DUI Lawyer in Freehold, NJ

New Jersey DWI law is governed by N.J.S.A. 39:4-50. In the statute it is clear that in order for the State to prove a DWI, the prosecutor must establish operation and intent. This means that the State must be able to prove that the suspect actually operated the vehicle and that the suspect was intoxicated at the time the Standardized Field Sobriety Tests were administered.

The State can establish operation if the offender:

  • Has physical control over the vehicle
  • Has the ability to operate the vehicle
  • Intends to operate the vehicle (Offender present in driver’s seat with keys in the ignition and about to drive away

Common operation issues in cases involve people who are asleep in the car while parked in a public lot or on the side of the road, cases in which the suspect allegedly left the scene of an accident, and cases in which it is not clear who drove the vehicle.

 The State can establish intoxication if the offender:

  • Fails the Standardized Field Sobriety Test
  • Fails the Alcotest (Breathalyzer)
  • Fails a DRE Exam (Test administered by a Drug Recognition Expert to detect drug use)

There are many ways to attack these tests administered by the police at the scene of the arrest of back at the station. Each test must follow required protocol precisely and the are often issues with their administration. Finding an issue and beating it can lead to substantially reduced penalties or even a dismissal of your case.

Monmouth County DWI Penalties

The majority of DWI arrests involve first-time offenders and no aggravating factors such as Refusal, DUI in a School Zone, or Second or Subsequent Offenses. In the event of a first offense, DWI penalties are as follows:

1st Offense DWI or Drug DUI with BAC of 0.10% or greater
License Loss
Monetary Penalties
Additional Penalties
7 – 12 Months
·       $300–$500 fine
·       $230 IDRC* fee
·       $100 to drunk driving fund
·       $100 to AERF*
·       $1,000/year (for 3 years) surcharge
·       $75 to Neighborhood Services Fund
Up to 30 days (discretionary)
·       12–48 hours IDRC
·       BAC 0.15% or greater: Mandatory installation of an ignition interlock device. (Must be installed during license suspension and for 6 – 12 months following restoration)


1st Offense DWI or Drug DUI with BAC between 0.08% and 0.099%
License Loss
Monetary Penalties
Additional Penalties
3 months
·       $250–$400 fine
·       $230 IDRC* fee
·       $100 to drunk driving fund
·       $100 to AERF*
·       $1,000/year (for 3 years) surcharge
·       $75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC
(usually 12)

Consider this chart the baseline of DWI penalties. A first-time offender is facing a minimum of a three month loss of license if his or her BAC is between .08% and .099% and seven to twelve months of suspended driving privileges if the BAC is .10% or higher. Additional penalties include potential incarceration, potential installation of an Ignition Interlock Device, fines, and 12 hours in the Intoxicated Driver Resource Center. Aggravating factors such as Refusal, School Zone DUI, and Multiple Offenses significantly enhance the penalties.

Common examples of DWI penalties include:

Suspect arrested in Freehold Township for Refusal and Driving While Intoxicated after being pulled over for failure to maintain lanes. He is facing a three month loss of license for the DWI but also an additional 7 month loss of license for the Refusal as well as double fines and installation of an interlock device.

Suspect is arrested for second offense DUI in Sayreville. He did not refuse and his Alcotest reading was .010%. Therefore, he now faces a two year loss of license, 2-90 days in jail, 48 hours IDRC, mandatory ignition interlock device, and steep fines.

Suspect is arrested for DWI in a School Zone in Wall Township. His Alcotest reading was .011%. As a first offense, he faces 7-12 months loss of license, and an additional one-two year loss for the school zone offense. Other penalties include ignition interlock, increased fines, community service, and IDRC.

Call James Fagen Attorney At Law Today!

As you continue to understand the severity of your DWI matter and weigh your options, know that James Fagen is here to help. We will do our very best to put you in position to achieve the best possible outcome in your case. We are centrally located in Freehold Monmouth County, and handle clients in Howell, Colts Neck, Neptune, Wall, Marlboro. I am here to help you tackle your DWI in Freehold, Marlboro, Manalapan,Millstone, Monroe . Call 24/7  732-431-4909 for a FREE consultation. I work hard to help beat these charges.

Contact Us

Call 732-431-4909 or Visit our office at 80 Court Street in Freehold, NJ 07728

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