H. Scott Aalsberg, Esq., P.C.
NJ DWI and Criminal Defense Lawyers
1028 Route #23 North, Wayne, N.J. 07470
G-10 Brier Hill Court, East Brunswick, N.J. 08816
1-800-9-RIGHTS or (732) 257-5040
Fine: $250 to $400.00
Surcharge: $1000/yr for 3
Detainment: 12 to 48 hours
at Intoxicated Driver
Resource Center (IDRC).
Ignition Interlock:
6 months
Loss of License:
30 Days.
Jail: Up to 30 days
Additional Important NJ DUI and DWI Facts:

In the State of New Jersey the following offenses are not considered different:
DWI (Driving While Intoxicated)
DUI, (Driving While Under the Influence
Driving While Impaired
Refusal to Take Breath Test

Example: You had a prior Driving While Intoxicated conviction downgraded in another state to Driving While
Impaired.  Your conviction downgrade would not be upheld by the New Jersey courts and you would be
sentenced as if the downgrade never happened.
Thus, if you received another DWI in N.J. you would be sentenced in New Jersey as if you received a conviction
for the original DWI charge and you would be sentenced as a second time offender.

The State of New Jersey
not recognize any other states downgrade of a DWI / DUI Charge

In The State of New Jersey
The penalties for refusal to submit to any alcohol, blood or urine test can be the same or more than you would
have gotten should you have been convicted of the actual DWI or DUI Charge

In the State of New Jersey
A DWI or DUI may be proven by 4 methods:
Breath Test
Blood Test
Urine Test
Roadside Physical Tests

The five most common roadside physical tests used to prove a DWI or DUI in NJ
Gaze Nystagmus (following pen or finger)
Walk and Turn
One legged stand
Recite the alphabet test
Touch Thumb to Digits

Most DWI Arrests in NJ are not criminal offenses and are considered traffic offenses with jail terms possible
(1st offense) and mandatory (2nd and 3rd+ Offenses)  However, many countries including Canada don't
recognize this fact and consider it the same as a felony criminal offense for denial of entry purposes.  Thus, you
may be barred from entering that foreign country for life that you always dreamed to see even just for a short
vacation or cruise.  If you are an immigrant a DWI in NJ can mean the revocation of your status or even
deportation or removal.
H. Scott Aalsberg, Esq., P.C. Main office address: 39 Milltown Road, East Brunswick, N.J. 08816, Satellite Office: 1028 Route #23 North Wayne, NJ.  Please
consult the New Jersey Code of Criminal Justice and Motor Vehicle Laws for complete details on all fines and penalties relating to your NJ DUI or DWI.  The
penalties listed in this notice are for informational purposes only.  Past performance of our New Jersey DWI Lawyers is not indicative of future performance and
each case is fact sensitive, thus, the need for the in office consultation for our New Jersey DWI Attorneys to evaluate your case.  Some penalties may not apply to
out of state residents, please consult an attorney in your state of residence. If a person has a professional license in NJ there may be a separate additional action
relating to that individual's ability to practice their profession. Different Penalties may apply to prior DWI and DUI convictions over 10 years old. All NJ DWI / DUI
penalties listed are accurate as of date and time of publication and are subject to change at any time without notice as NJ DWI law, NJ DWI penalties and NJ DWI
defenses are constantly changing.
Helping Clients Get
Not Guilty Verdicts
For Over 25 Years
NJ DWI and DUI Penalties For 2019:
Warning: If you're convicted of DWI or DUI you will lose your license. No exceptions! Without a license you can't drive to work or anywhere else. If you drive you will go to jail. We Can Help! We have a high success ratio of reducing or eliminating the penalties associated with a DWI/DUI. Call now to set up your free consultation.
Don't Give Up: For Over 25 years we have gotten Not Guilty Verdicts for our NJ DUI and DWI clients.  Obviously not every case can be won,
but if we haven't won it, we have reduced it.  This includes reducing the license suspension, jail time and time spent at an IRDC Center that you
face with a DWI or DUI in New Jersey.    We Can Help No matter how bad your DWI or DUI case may sound.  Our head Attorney H. Scott
Aalsberg has been ranked one of the Top Ten Criminal Defense Lawyers by the National Academy of Criminal Defense Lawyers, and Chosen
by the National Trial Lawyers Association to be one of the Top 100 Trial Lawyers 6 years in a row.  If you need to win your DWI then, put
Attorney H. Scott Aalsberg's proven success record to work for you.    In nearly every DWI or DUI case he has defended in NJ he has
eliminated both the amount of license suspension and or jail time his clients originally faced.  But time is not on your side.  The sooner you call
the more we can do to help, as many DWI and DUI defenses have time limitations so call now to get the best DWI Defense, you deserve it!
When Only Winning Counts!
Call 1-800-9-RIGHTS
Free In Office Consultation
Protect Your Rights          www.GetNotGuilty.com
25+ Years of Helping NJ DWI Clients Get Not Guilty Verdicts
Get Not Guilty NJ DWI Defense Lawyers
1-800-974-4487   Serving All of NJ         
Click Below to Learn More
New Law Change: 1st Offense DWI / DUI License Loss Penalties are going Down only if you receive your DWI/DUI  on or after  January 1, 2020
2nd Offense DWI / DUI Penalties
3rd Offense DWI / DUI Penalties
Fine: $500 to $1,000.00
Surcharge: $1000/yr for 3 years
Detainment: 48 hours at Intoxicated Driver
Resource Center (IDRC)
Ignition Interlock Device: 1 to 3 years
after driving privileges are restored
Loss of License: 2 Years
Loss of Registration Privileges: 2 Years
Community Service: 30 Days
Jail: Minimum 2 up to 90 days
Fine: $1,000.00
Surcharge: $1000/yr for 3 years
Ignition Interlock Device: 1 to 3 years
after driving privileges are restored.
Loss of License: 10 years
Loss of Registration Privileges: 10 years
Jail: Mandatory 180 Days of which up to
90 days may be spent at an approved drug
or alcohol inpatient rehabilitation program
Copyright 2019 New Jersey DWI and DUI Lawyer H. Scott Aalsberg
Top New Jersey Towns with the highest number of DWI and DUI arrests defended by the GetNotGuilty.com team of lawyers: East Brunswick NJ Wayne NJ, Newark NJ, Milltown NJ, Spotswood NJ,
Woodbridge NJ, Lawrence NJ, Edison NJ, Linden NJ, Bridgewater NJ, Cherry Hill NJ, Sayreville NJ, Atlantic City NJ, Jersey City NJ, Paramus NJ, Short Hills NJ, North Brunswick NJ, South Brunswick NJ,
Clifton NJ, Clark NJ, Elizabeth, Wayne New Jersey, Secaucus NJ, Deptford NJ, Eatontown NJ, Weehawken NJ, Freehold NJ, Princeton NJ, Tinton Falls NJ, South River NJ, Ocean Township NJ, Spotswood NJ,
Edgewater NJ, Highland Park NJ, Edison NJ, Cinnaminson NJ, Bass River NJ, Plainsboro NJ, Atlantic City NJ, Woodbridge NJ, Union NJ, and Piscataway New Jersey  
Get Not Guilty.com
When Only The Best DWI Defense Will Do!
NJ DWI Lawyer H. Scott Aalsberg, Esq.,
has been selected a member of:
Call 1-800-9-RIGHTS  24/7
The NJ DWI and The Blood
or Urine Test:
In New Jersey the alcotest
machine is the primary test used to
prove intoxication for a DWI / DUI
in New Jersey. This machine
although not without its glitches is
considered scientifically reliable
and without evidence to the
contrary will result in a DWI
conviction.  Attorney H. Scott
Aalsberg knows the
alcotest and
knows these glitches and the
defenses to use.  Attorney H. Scott
Aalsberg even teaches these
defenses to other NJ Lawyers.  Put
the best chance of success on
your side and put Attorney H. Scott
Aalsberg, Esq., to work for you!
The NJ DWI and
The Physical Tests:
In New Jersey before we had
machines that could test for the
amount of alcohol in the body we
had physical tests.  If the machine
that tested is proven to be broken
by you DWI Lawyer, your DWI Lawyer
must know also how to defeat the
physical tests given when you were
at the roadside.   Although
appearing easy these tests require
both proper motor function and
cognitive function.  DWI Lawyer H.
Scott Aalsberg has defeated these
tests in numerous trials.  Put the
best chance of success on your
side and put Attorney H. Scott
Aalsberg, Esq., to work for you.
H. Scott Aalsbeg, Esq., P.C.
The NJ DWI Defense Lawyer
G-10 Brier Hill Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 08831
Both Driving While Intoxicated (DWI) and Driving While Under the Influence (DUI) are classified in New Jersey as a motor
vehicle offense unless a party is injured in an accident, in which case it can then be charged as a criminal offense.  Once
convicted in New Jersey you cannot expunge the record of a DWI or DUI off your license, regardless of how much time has
passed.  Therefore, to keep your low insurance rates and your driving record clean an expert defense is needed.  In many
cases our defense costs less than just your first years insurance premium increase should you be convicted.  Each DWI/DUI
is based on different facts and circumstances.  If any attorney quotes you a fee before asking about your case you know that
you went to the wrong lawyer as you will not be getting a defense tailored to your case.  At the Law Office of Attorney H.
Scott Aalsberg we are committed to helping you win your case.  It is against the law for an attorney to guarantee a result,
however, by choosing the best DWI / DUI attorney you put the best chance of winning on your side.  Call today and set up
your free in office consultation.  The more time we have to work on your case the better the chance of achieving the winning
DWI result you need.  
In State vs. Pedro C. Anicama, The New Jersey
Appellate Court Ruled that a NJ DWI, 3rd time offender
must serve his mandatory jail sentence at one time. The
court noted that the DUI statute was recently amended
to require persons committing a third or subsequent
DUI to serve at least 180 days in a county jail or
workhouse and preclude them from serving any portion
of their sentence in community service or serving more
than 90 days of their sentence in inpatient rehabilitation
if allowed by the court.  Remember its not the
prosecutor or judges job to make sure you get every
defense that you deserve for your DWI, its your DWI
Lawyers job.  To Win follow this rule:
Get the Best DWI Lawyer,  and
Get the Best Defense and Win!
Recent DWI Case
The NJ DWI and
The Breath Test:
The blood/urine test is the least used
test to prove a DWI due to the tests
expense.  Due to the high cost, a drug
or urine test is generally only used in
accident cases or when drugs rather
than alcohol intoxication is suspected.  
Normally the blood draw or urine
sample will occur at a hospital or other
emergency facility by a doctor or
nurse.  These tests are the most
accurate tests for blood alcohol
concentration.  If the driver does not
or cannot consent to the test, a search
warrant must be issued by a judge
showing the reason for the test, with
the most used reason being: exigent
circumstances.  Generally a police
officer can establish the probable
cause, the exigent circumstances and
the overall reasonableness of the
police conduct warranting the need for
the test.  The best way to attack a DWI
in NJ with a blood or urine test is by
attacking: 1) the procedures used to
draw the blood or urine, and 2) the
chain of custody of the kit used and
sample tested.  A DWI with a blood or
urine test is considered the hardest
DWI test to beat by most DWI lawyers.
H. Scott Aalsberg, Esq.
is ranked One of the Top Ten
Lawyers byThe National Academy
of Criminal Defense Attorneys
every year since 2014.  When you
Hire the Best DWI Lawyer you put
the Best Chance of Winning on
your Side
No Aspect of this Attorney Advertisement Website or the Awards/Accolades mentioned herein have been approved by
the Supreme Court of NJ
Click here for a link on the methodology of each award.
Recent DWI Case
In a recent NJ Supreme Court Case
the court eased the rules for when a
police officer may take a blood
sample without a warrant for a DWI
charge.  In State vs. Shayna
Zalcberg. Prior to this case the court
had mandated that a warrant was
required for any draw of blood.  The
court reasoned since the Police
Officers in question were new on the
force and had never been taught the
procedure on how to obtain a search
warrant and the fact that the alcohol
would naturally disspate the court
held the taking of the blood sample
was constitutional under exigency
circumstances.  Therefore, as you
can see from this case even the NJ
Courts court will bend over
backwards to sustain a DWI
conviction and use the excuse that
the police were not trained yet as an
excuse to sustain a conviction.
Important DWI Law Change 2019
In State vs. Goines The court ruled that although a
police officer in this case was a Rutgers police
officer and was outside his jurisdiction.  The court
ruled that  any law enforcement officer can arrest a
suspected DWI offender if they see the offense
occurring right before their eyes.  Thus, where the
person is arrested or stopped is no longer a
defense to a DWI or DUI so long as they were
arrested by a law enforcement officer.
First Offense Penalties are Dependent on BAC Level:
BAC .08 to .99
BAC 1.0 to 1.49 or DUI
BAC 1.50+
Fine: $250 to $400.00
Surcharge: $1000/yr for 3
Detainment: 12 to 48 hours at
Intoxicated Driver Resource
Center (IDRC).
Ignition Interlock:
6 months to 1 year
Loss of License:
60 Days.
Jail: Up to 30 days
Fine: $250 to $400.00
Surcharge: $1000/yr for 3
Detainment: 12 to 48 hours at
Intoxicated Driver Resource
Center (IDRC).
Ignition Interlock:
12 to 18 months
Loss of License:
90 Days.
Jail: Up to 30 days
1st Offense School Zone DWI / DUI Penalties
2nd Offense School Zone DWI / DUI Penalties
3rd Offense School DWI / DUI Penalties
NJ DWI and DUI Penalties within 1000 Feet of a School or School Crossing:
Fine: $500.00 to $800.00
Loss of License:  1 to 2 Years
Jail:  up to 60 days
Fine: $1000.00 to $2000.00
Loss of License: 4 Years
Community Service: 60 Days
Jail: Minimum 4 days up to 180 days
Fine: $2000.00
Loss of License: 20 Years
Loss of Registration Privileges: 2 Years
Jail: 180 days
Note:  Pursuant to NJ Law It is not a defense that the driver was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through
a school crossing.  Nor is it relevant to the imposition of sentence that no juveniles were present at the time of the offense or that the school was not in session or it was after school
hours.  Under New Jersey Law you may be charged with both a DWI and a DWI in a school zone. All Penalties for both DWI or DUI are the same for school zones.
1st Offense DWI / DUI Penalties Charged Before 1/1/2020
Fine: $250 to $400.00,
Detainment: 12 to 48 hours at Intoxicated Driver Resource Center (IDRC).
Ignition Interlock Device: Mandatory if the alcohol concentration is .15 or
higher must install an ignition interlock device for a period of 6 months to 1
year. Discretionary by Judge  if BAC is lower than .15
Loss of License: 3 months if the alcohol concentration is between .08 and
less than .10.  If alcohol concentration is .10 or higher, 7 months to 1 year
loss of license, and fine of $300.00 to $500.00.
Jail: Up to 30 days
DWI Surcharge: $1000.00/yr for 3 years