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What Kind Of Problems Can A DWI Convict Face?

by James A. Abate

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If you are in an accident involving a DWI, you are facing serious jail time. You could be going to jail for months, if not longer, especially if there is a fatality involved. Say you are the victim of a car accident, but you were driving while intoxicated. You are not permitted to sue that person if you were driving while intoxicated.

What Immigration-Related Consequences Can One Face Because Of A DWI Conviction?

There is a high likelihood of deportation. I have had clients who had to plead guilty with another attorney, only to then find out that they could be deported. They contacted my office, and we have to reopen and relitigate the case, in hopes that we are able to receive a more favorable outcome in order to avoid deportation.

What Consequences Can CDL Holders Face For A DWI Conviction?

I cannot think of a profession where a DWI can have a more important impact. For a first-offense DWI conviction, as a CDL holder, you will lose your license and CDL for one year. For a second offense, you will lose your eligibility to hold a CDL nationwide for life. You will never drive professionally again after a second DWI conviction.

Case Study

DWI Dismissal Of BAC

The DWI attorneys at Aiello, Harris, Abate, Law Group PC recently appeared in Chatham Township Municipal Court.  The defendant was charged with DWI (drunk driving) in violation of N.J.S.A. 39:4-50, reckless driving in violation of N.J.S.A. 39:4-96, failure to maintain lane in violation of N.J.S.A. 39:4-88a, possession of an open alcohol container in violation of N.J.S.A. 39:4-51B, and maintenance of lamps in violation of N.J.S.A. 39:3-66.

Can A DWI Conviction Have Firearm-Related Consequences?

It is something that could be taken into account in your application for a firearms permit. In New Jersey, we do not generally have carry permits. We are dealing mostly with permits for the home. You are going to have a police chief who is going to look at your record and see if there is anything on there where he thinks you should not have a gun. A DWI is something that could impact that decision.

What Consequences Can Someone Face For A Third DWI In New Jersey?

You are going to face the most important consequences of all. You will be going to jail for six months. After that, when you get out, you are going to lose your license for 10 years. On top of that, you are going to have an ignition interlock device mounted in your car, even if you are not driving for those 10 years.

What Advice Do You Give To Clients Contemplating A Guilty Plea?

I tell them what the consequences are going to be and that it is in their best interest to fight the case. If somebody says they want to face the music, they do not want to fight, they just want to lower the repercussions as much as they can, and we will help them do that, but that is not the kind of firm we generally are. We are looking for cases that can be fought, and people who want to fight the cases.

Contact Our New Jersey DWI / DUI / DUID Defense Team

Contact our New Jersey DWI lawyers today at (908) 561-5577 or submit a request through our contact form. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

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About the Author

James A. Abate

James A. Abate is a founding partner at Aiello, Harris, Abate, Law Group PC. Mr. Abates practice is focused on Criminal Law, Domestic Violence, DWI, Complex Litigation, and Appellate practice.

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