dwi frequently asked questions

Providing legal services for over 25 years

1. Will I lose my license?
2. If my license is suspended can I get a license to drive to and from work or school?
3. If a license suspension is mandatory, why do I need a lawyer?
4. Can I get a temporary license to go home from the Court hearing?
5. Do I need to pay my fine in full at the court hearing?
6. How do I get my license back?
7. Can I appeal my case?

1. Will I lose my license?
A. Yes. Loss of license is a mandatory penalty for a DWI conviction. The license suspension varies depending upon prior convictions and blood alcohol concentration level.

2. If my license is suspended can I get a license to drive to and from work or school?
A. No. Unlike many other states, New Jersey does not provide suspended drivers with a conditional license for work or school. Although there has been some talk in the Legislature to provide for a conditional license to go back and forth from work, as of now no proposal have passed. Every proposal I have seen excludes a conditional license for a DWI suspension.

3. If a license suspension is mandatory, why do I need a lawyer?
A. An experienced lawyer will provide you with an opportunity to explore all defenses to a DWI charge which may result in a dismissal of the charge or a better opportunity of receiving the minimum mandatory sentences. Also note that there is the possibility of receiving enhanced penalties and jail time for a DWI charge, or related charges such as DWI in a school zone or while having a minor in the car.

4. Can I get a temporary license to go home from the Court hearing?
A. It depends on the particular Municipal Court hearing the case. In my experience most Courts will provide you with a one time temporary license to drive from Court directly home. The temporary license has a time limit usually just long enough to get you home. The temporary license is a one time event and cannot be used after the time limit.

5. Do I need to pay my fine in full at the court hearing?
A. It depends on the Court. I recommend that you have the entire fine available to be paid at the Court hearing. Most courts accept checks and some accept credit cards. In addition, some courts will accept a payment plan. If you believe that payment of the fine is an issue, you should tell your lawyer well in advance of the hearing date.

6. How do I get my license back?
A. In order to restore your license, you will need to complete all conditions imposed by the court, including successfully completing the Alcohol classes at the Intoxicated Driver’s Resource Center. In addition you must be current in the payment of all fines, and you must pay the restoration fee required by the Motor Vehicles Commission.

7. Can I appeal my case?
A. Yes, you can appeal your case to the Superior Court where a new trial may be heard. The appeal from the Municipal Court must be filed within 20 days of the judgment of conviction. The rules and deadlines for an appeal are stringent. You should consult with an experienced lawyer as soon as possible in order to process an appeal.

Hire an Experienced Lawyer
Contact Joseph S. De Amorin,Esq.

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Representing clients throughout New Jersey, including Newark, Belleville, Nutley, Bloomfield, Montclair, The Orange’s, Jersey City, Hoboken, Kearny, Harrison, North Arlington, Lyndhurst, Rutherford, Elizabeth, Union, Hillside, Hackensack, Clifton, Paterson, Woodbridge, Edison, Toms River, Essex County, Bergen County, Hudson County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Somerset County, and Union County.

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