Burlington County Driving While Ability Impaired – Combination Lawyer: Your Defense Strategy
A Driving While Ability Impaired – Combination (DWAI-Combination) charge in Burlington County is a serious offense alleging impairment from both alcohol and drugs, carrying severe penalties. The Law Offices Of SRIS, P.C. provides a strong defense against these complex charges, which require specific legal knowledge to challenge the prosecution’s evidence and protect your driving privileges and future.
Understanding New Jersey’s Driving While Ability Impaired – Combination Law
In New Jersey, a Driving While Ability Impaired – Combination charge is distinct from a standard DWI. It is defined under N.J.S.A. 39:4-50, which prohibits operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug, or any combination thereof. The key distinction is that the prosecution must prove your ability to operate a vehicle was impaired due to the combined influence of alcohol and one or more other substances.
Last verified: April 2026 | Burlington County Municipal Courts | New Jersey Legislature
Official Legal Resources
For the official statute, refer to N.J.S.A. 39:4-50 (official New Jersey Legislature). For local court procedures, visit the Burlington County Municipal Courts website.
The Burlington County Court Process for a DWAI-Combination Charge
Facing a DWAI-Combination charge in Burlington County involves handling a specific legal process. These cases are heard in the municipal court where the alleged offense occurred. The prosecution’s case often hinges on the arresting officer’s observations, field sobriety tests, and the results of chemical tests (blood or urine) that can detect multiple substances.
- Arraignment: Your first court appearance where you are formally advised of the charges and enter a plea of not guilty.
- Pre-Trial Discovery: Your attorney will obtain and review all evidence, including police reports, bodycam footage, and toxicology lab reports.
- Pre-Trial Motions: Filing motions to suppress evidence if your rights were violated during the traffic stop or arrest, or to challenge the reliability of the chemical testing.
- Negotiations or Trial: Based on the strength of the evidence and motions, your attorney will negotiate for a reduction or dismissal, or prepare for a bench trial before a judge.
- Sentencing or Appeal: If convicted, advocating for the minimum possible penalties at sentencing, or filing an appeal if legal errors occurred.
Potential Penalties for DWAI-Combination in Burlington County
In Burlington County, a first-offense DWAI-Combination conviction carries a mandatory 7-month to 1-year driver’s license suspension, significant fines, and potential jail time, with penalties increasing sharply for subsequent offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense DWAI-Combination | Traffic Offense (Quasi-Criminal) | Up to 30 days jail | $300 – $500 | 7-month to 1-year suspension | IDRC classes, 12-48 hours Intoxicated Driver Resource Center (IDRC), $1,000 annual surcharge for 3 years. |
| Second Offense DWAI-Combination | Traffic Offense (Quasi-Criminal) | Up to 90 days jail | $500 – $1,000 | 2-year suspension | 30 days community service, mandatory ignition interlock device (IID) for 1-3 years post-restoration, higher surcharges. |
| Third or Subsequent Offense | Traffic Offense (Quasi-Criminal) | 180 days jail (mandatory 90 days served) | $1,000 | 10-year suspension | Mandatory IID during suspension & for 1-3 years post-restoration, substantial surcharges. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your DWAI-Combination Defense
Founded in 1997 by a former prosecutor, the Law Offices Of SRIS, P.C. brings a unique perspective to defending complex impaired driving charges like DWAI-Combination. Our firm-wide experience of over 120 combined years and more than 4,739 case results informs our strategic approach to challenging the state’s evidence. We understand that a conviction can disrupt your employment, finances, and family life, which is why we fight aggressively from the start.
Our Approach to DWAI-Combination Cases
We meticulously analyze every aspect of your case. This includes scrutinizing the reason for the traffic stop, the administration of field sobriety tests, the protocols followed for blood or urine testing, and the qualifications of any Drug Recognition experienced involved. We look for violations of your constitutional rights, chain-of-custody errors in lab samples, and potential inaccuracies in the toxicology report that alleged multiple substances. Our goal is to create reasonable doubt about the impairment claim or have key evidence ruled inadmissible.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Burlington County DWAI-Combination Defense Lawyers
Law Offices Of SRIS, P.C.
Serving Burlington County, NJ
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations available.
Our firm is positioned to serve clients throughout Burlington County, including those near the Burlington County Superior Court in Mount Holly, the municipal courts in towns like Evesham, Medford, and Pemberton, and communities such as Moorestown, Marlton, and Willingboro.
If you are searching for a driving while ability impaired – combination lawyer near me Burlington County, contact us for a case evaluation. We offer an affordable driving while ability impaired – combination lawyer Burlington County defense strategy focused on protecting your rights.
Frequently Asked Questions (FAQs)
Is a DWAI-Combination charge worse than a regular DWI in New Jersey?
Yes. While penalties are similar, a DWAI-Combination charge is often viewed more seriously by prosecutors and courts because it involves multiple impairing substances, which can complicate your defense and may lead to a harder stance during negotiations.
Can I refuse a blood test if I’m suspected of DWAI-Combination?
It depends. New Jersey’s implied consent law requires submission to breath, blood, or urine tests. Refusal carries separate, severe penalties including license suspension and fines, often similar to a conviction. However, the specific circumstances of the request can sometimes be challenged. Legal advice is crucial before making this decision.
How does the state prove I was impaired by a combination of substances?
The state uses chemical test results (blood/urine) to show the presence of alcohol and drugs. They then combine this with officer testimony about your driving, appearance, and performance on field sobriety tests to argue the combination impaired you. Defense often attacks the reliability of the tests and the officer’s conclusions.
What is a Drug Recognition experienced (DRE) and can their evaluation be challenged?
A DRE is a police officer trained to identify drug impairment through a 12-step evaluation. Yes, their evaluation can be challenged. Defense attorneys examine the officer’s training, adherence to protocol, and the subjective nature of the tests to create reasonable doubt about their findings.
Will I go to jail for a first-time DWAI-Combination offense?
Not necessarily. While jail time is possible (up to 30 days), many first offenders without aggravating factors can avoid incarceration through skilled negotiation, often resulting in a plea to a lesser offense or a sentence of probation, community service, and the mandatory IDRC program.
How long will my license be suspended?
For a first offense DWAI-Combination, the license suspension period is between 7 months and 1 year. The exact length is at the judge’s discretion. You will also be required to install an ignition interlock device during the suspension period and for a period after license restoration.
Internal Resources: For more on New Jersey traffic defense, see our New Jersey Traffic Lawyer hub. For related charges, consider reading about DWI defense in Burlington County or criminal defense in Burlington County.
Page last verified and updated: April 2026. Laws and procedures change. For the most current advice regarding your Driving While Ability Impaired Combination charge in Burlington County, contact the Law Offices Of SRIS, P.C. at (609)-983-0003.
Under Va. Code § 13.1-1000 et seq., state law governs this practice area.