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How To Avoid Jail Time For A DWI In NJ

January 13, 2025 by Matthew Reisig

Facing a DWI charge in New Jersey can be a stressful and life-changing experience. A conviction may lead to significant penalties, including jail time, fines, license suspension, and increased insurance costs.How to avoid jail time for a DWI in NJ

However, avoiding jail time for a DWI is possible, especially with the right legal strategy and representation. Reisig Criminal Defense & DWI Law, with nearly 30 years of experience, has helped thousands of individuals achieve favorable outcomes in DWI cases. Below, we’ll explore practical steps to minimize penalties and why Reisig Criminal Defense & DWI Law is a trusted name in New Jersey DWI defense.

Understanding New Jersey’s DWI Laws

New Jersey has strict DWI laws designed to deter impaired driving. Under N.J.S.A. 39:4-50, the penalties for a DWI depend on factors such as your blood alcohol concentration (BAC), prior offenses, and whether there were aggravating circumstances like accidents or injuries.

For a first offense, jail time is possible but often avoidable with the right defense. Penalties increase for second and third offenses, with mandatory jail time for repeat offenders. Understanding these laws is the first step in building a defense to reduce or eliminate jail time.

Strategies to Avoid Jail Time for a DWI

1. Challenge the Traffic Stop

To stop a driver, law enforcement must have reasonable suspicion that a traffic violation or crime has occurred. If your attorney can prove that the stop was unlawful, any evidence obtained during the stop could be suppressed, potentially leading to a dismissal of charges.

2. Question the Accuracy of Field Sobriety Tests

Field sobriety tests are often subjective and prone to human error. Factors like uneven pavement, medical conditions, or poor instructions can impact results. Challenging the validity of these tests can weaken the prosecution’s case.

3. Dispute the Breathalyzer or Blood Test Results

Breathalyzer and blood test machines must be calibrated and operated correctly to ensure accurate results. Your attorney can investigate whether proper procedures were followed, whether the equipment was functioning properly, or whether external factors (e.g., certain medications) influenced the results.

4. Seek Alternative Sentencing Options

In some cases, your attorney can negotiate for alternative penalties instead of jail time. Options may include:

  • Alcohol Education Programs: Participation in a state-approved program to demonstrate your commitment to responsible behavior.
  • Community Service: Completing a set number of hours to contribute positively to the community.
  • Probation: Serving a probationary period instead of incarceration, provided you adhere to specific conditions.

Why Hiring a Skilled Attorney Is Crucial

The outcome of your DWI case often depends on the quality of your legal representation. An experienced attorney knows how to identify weaknesses in the prosecution’s case, negotiate with prosecutors, and present compelling arguments in court.

Reisig Criminal Defense & DWI Law has been one of New Jersey’s top DWI defense firms for nearly three decades. Attorney Matthew Reisig is well-versed in DWI laws and has successfully represented clients across the state. His deep knowledge of local courts and relationships with prosecutors give clients a strategic advantage.

How Reisig Criminal Defense & DWI Law Can Help

1. Comprehensive Case Evaluation

Every DWI case is unique. Reisig Criminal Defense & DWI Law starts with a thorough review of your case to identify opportunities for defense.

2. Aggressive Defense Strategies

From challenging the legality of your traffic stop to disputing test results, the firm uses proven strategies to minimize penalties and help clients avoid jail time.

3. Familiarity with NJ Courts

With extensive experience in New Jersey’s municipal and superior courts, Matthew Reisig understands how local judges and prosecutors handle DWI cases, allowing him to tailor his approach for the best possible outcome.

4. Dedication to Client Success

Reisig Criminal Defense & DWI Law takes a client-centered approach, ensuring you’re informed and supported at every step. Their track record of favorable results speaks to their commitment to excellence.

Final Thoughts

Avoiding jail time for a DWI in New Jersey is achievable with the right legal representation and a strong defense strategy. From challenging evidence to negotiating alternative sentencing, an experienced attorney can make all the difference.

For nearly 30 years, Reisig Criminal Defense & DWI Law has been a trusted advocate for individuals facing DWI charges in New Jersey. If you or a loved one is facing a DWI charge, don’t wait—call 732-625-9660 today for a free consultation. Protect your rights and your future with one of New Jersey’s most successful DWI defense firms by your side.




Do you like to win? We do!

Reisig Criminal Defense & DWI Law, LLC has helped thousands of individuals that were arrested for DWI. In fact, we've helped clients in ALL 21 NJ Counties from our Office in Monmouth County. A significant number of our clients are from Monmouth County & Ocean County, but every week, we travel to courtrooms across the state. Here's a few areas we visit every year to help our clients: Upper Freehold, Manalapan Township, Manasquan, Deal, Freehold, Sea Girt, Marlboro Township, Howell, Middletown Twp, Farmingdale, Spring Lake, Tinton Falls, Red Bank, Wall, Brielle, Holmdel, Colts Neck, Hazlet, Matawan, Asbury Park, Belmar, Eatontown, Sea Bright, Millstone Township, Neptune Township, Ocean, Aberdeen and Keyport.


Reisig Criminal Defense & DWI Law, LLC
1 Broad St
Freehold, NJ 07728
732-625-9660



 

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Reisig Criminal Defense & DWI Law, LLC OFFERS FREE TELEPHONE AND OFFICE CONSULTATIONS AT 732-625-9660.

Main Office: 1 Broad Street Freehold, NJ 07728 - 732*625*9660
Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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