Driving While Intoxicated Lawyer in Burlington County, NJ — What Are Your Options?
A Driving While Intoxicated (DWI) charge in Burlington County is a serious offense under N.J.S.A. 39:4-50, carrying mandatory penalties including license suspension, fines, and potential jail time. Law Offices Of SRIS, P.C. provides focused defense for these charges. If you need a driving while intoxicated lawyer near me Burlington County, our firm offers 24/7 phone consultations to discuss your case.
New Jersey DWI Law and Penalties
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
In New Jersey, Driving While Intoxicated (DWI) is governed by statute N.J.S.A. 39:4-50. Unlike many states, New Jersey does not classify DWI as a criminal offense but as a serious traffic violation. However, the consequences are severe and can escalate quickly with prior offenses or a high Blood Alcohol Concentration (BAC). The law prohibits operating a motor vehicle with a BAC of 0.08% or higher, or while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drugs. The firm, founded in 1997 by former prosecutor Mr. Sris, uses its deep understanding of these statutes to build defenses.
Official Legal Resources
For the full text of the law, refer to the official N.J.S.A. 39:4-50 (New Jersey Legislature). Court procedures and forms can be found on the Burlington Vicinage court website.
Local Court Process for a DWI Charge in Burlington County
DWI cases in Burlington County are heard in the Municipal Court of the township where the arrest occurred, such as Mount Laurel, Evesham, or Medford. The process is administrative but carries high stakes. Prosecutors in these courts often move quickly, and the Alcotest machine results are a central piece of evidence. An experienced Driving While Intoxicated lawyer Burlington County can challenge the stop, the administration of field sobriety tests, and the calibration of the breath-testing device.
- You will receive a summons with a court date at the local Municipal Court.
- At your first appearance, you will enter a plea. It is strongly advised to plead not guilty to allow your attorney time to review discovery.
- Your attorney will file for discovery, obtaining the police report, video footage, and Alcotest maintenance records.
- Pre-trial conferences are held to discuss potential plea agreements or motions to suppress evidence.
- If no resolution is reached, the case proceeds to a trial before a municipal judge.
- If convicted, you have the right to appeal for a new trial (trial de novo) in the Burlington County Superior Court.
Potential Penalties for DWI in New Jersey
In Burlington County, a first-time DWI with a BAC under 0.10% carries a 3-month license suspension, fines of $250-$400, and mandatory participation in the Intoxicated Driver Resource Center (IDRC) for 12-48 hours.
| Offense | Classification | License Suspension | Fines & Surcharges | Other Penalties |
|---|---|---|---|---|
| First Offense (BAC < 0.10%) | Traffic Violation | 3 months | $250-$400 fine + $525/year surcharge | IDRC program (12-48 hrs) |
| First Offense (BAC 0.10%+) | Traffic Violation | 7 months to 1 year | $300-$500 fine + $525/year surcharge | IDRC program, possible ignition interlock |
| Second Offense | Traffic Violation | 2 years | $500-$1,000 fine + $525/year surcharge | 30 days community service, 2-4 days jail, ignition interlock |
| Third Offense | Traffic Violation | 10 years | $1,000 fine + $525/year surcharge | 180 days jail (90 may be served in rehab) |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Burlington County DWI Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We approach each DWI case with a focus on the specific details of the traffic stop and the validity of the evidence against you. We understand that an affordable driving while intoxicated lawyer Burlington County residents can trust must provide clear strategy and aggressive representation.
Case Results and Client Advocacy
Our firm has handled thousands of traffic and criminal matters across our service areas. While specific Burlington County DWI results are part of confidential case files, our approach is consistent: we meticulously review all discovery for procedural errors and violations of your rights. We aim to secure reductions, dismissals, or favorable plea agreements to minimize the impact on your driving privileges and record.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Burlington County Residents
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-9900
By appointment only.
Our New Jersey location serves clients at Burlington County courts. We represent individuals from communities across the county, including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton. If you are searching for a driving while intoxicated lawyer near me Burlington County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only.
Driving While Intoxicated Lawyer Burlington County FAQ
Will I go to jail for a first-time DWI in New Jersey?
No, jail time is not a mandatory penalty for a standard first-time DWI offense in New Jersey. However, a judge has discretion to impose up to 30 days of incarceration, particularly if aggravating factors are present, such as an extremely high BAC or an accident.
Can I refuse a breath test in New Jersey?
You can refuse, but it carries severe consequences. Under New Jersey’s implied consent law, refusal leads to separate charges, a 7-month to 1-year license suspension, and significant fines. An attorney can challenge the legality of the refusal warning given by the officer.
How long does a DWI stay on my record in NJ?
It depends. A DWI conviction remains on your driving record permanently. For insurance and sentencing purposes, prior offenses are counted within a 10-year look-back period. This means a second offense within 10 years triggers enhanced penalties.
What is the difference between DUI and DWI in New Jersey?
New Jersey law uses only the term “Driving While Intoxicated” (DWI) under N.J.S.A. 39:4-50. There is no separate “DUI” statute. The charge applies to impairment by alcohol or drugs. The term DUI is sometimes used colloquially but refers to the same offense.
Should I just plead guilty to get it over with?
No. Pleading guilty at your first appearance forfeits your right to challenge the evidence. An attorney can review the case for defects that could lead to a dismissal or reduction. The mandatory penalties make it critical to explore all defenses first.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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