First-Offense DWI Attorney in Camden

Board Certified Defense for First-Offense DWI in Camden County

A first-offense DWI charge in Camden County, NJ carries real consequences: fines, surcharges, license restrictions, and a permanent mark on your driving record. At Law Offices of Stephen Lukach III, Attorney Stephen Lukach brings over 20 years of focused New Jersey DWI defense experience to every client. He handles each case personally, so you’re never passed off to a less experienced associate.

Every case is different. We review the full picture, from the circumstances of the stop through every piece of evidence the prosecution intends to use, and build a defense strategy around the specific facts of your situation.

A first-offense DWI conviction can follow you permanently. Call (856) 481-8205 or contact us online to schedule a free consultation with Attorney Lukach.

New Jersey’s DWI Law: What N.J.S.A. 39:4-50 Covers

Under N.J.S.A. 39:4-50, you can be charged with DWI in New Jersey on two bases:

• Impairment: Operating a motor vehicle while your physical or mental faculties are impaired by intoxicating liquor or narcotics to the point that you are “less safe” to drive. This is a subjective determination made by the arresting officer, regardless of your BAC.
• Per Se Intoxication: A blood alcohol concentration (BAC) of 0.08% or higher. At or above this threshold, you are legally intoxicated under New Jersey law even without visible signs of impairment. Penalties are then tiered based on your specific BAC level.

Drivers under 21 with a BAC of 0.01% or more face underage DWI charges with their own penalty structure, including mandatory license suspension of 30 to 90 days, community service, and required attendance at an Intoxicated Driver Resource Center (IDRC).

New Jersey’s DWI statute also covers driving under the influence of narcotics, hallucinogenic drugs, and habit-producing substances. There is no BAC equivalent for drugs; the prosecution must prove impairment. These cases typically involve Drug Recognition Expert (DRE) evaluations and blood or urine testing.

Penalties for a First-Offense DWI in New Jersey

New Jersey’s first-offense DWI penalties are tiered by BAC. Identifying your tier is one of the first things we do, because it determines the full scope of what you’re facing.

• Tier 1: BAC of 0.08% to less than 0.10%
• Tier 2: BAC of 0.10% to less than 0.15%
• Tier 3: BAC of 0.15% or higher (the most significant penalties for a first offense)

Fines & Surcharges

Court-imposed fines range from $250 to $400 for Tier 1 and $300 to $500 for Tier 2 and Tier 3. Those figures, however, are only part of the financial picture.

Every first-offense DWI conviction in Camden County, NJ also triggers a New Jersey Motor Vehicle Commission surcharge of $1,000 per year for three consecutive years, adding $3,000 on top of any court-imposed fines. That surcharge applies regardless of BAC tier.

Plea Bargaining in New Jersey DWI Cases

For years, New Jersey prohibited plea bargaining in DWI cases under N.J.S.A. 39:4-50 with no option to negotiate a DWI down to a lesser traffic charge. A 2024 amendment now authorizes plea agreements in certain cases upon a prosecutor’s recommendation. Even so, challenging the charge on its merits remains an important path to a favorable result, and the quality of your legal representation can directly affect how your case is handled.