DWI

[stephen732]

my friend's father just got arrested and ticketed for dwi, but his blood level was only 0.07% alcohol, he is 73yrs old though. are dwi levels lower for seniors? does he need a lawyer or will the judge just dismiss the case? this happened in woodbridge

[Eagle]

The BAC limit in NJ is .08%. However, you can still get convicted of DWI if your BAC is lower than .08. It is harder to prove and the cop will have to testify that he was under the influence based on observations. BAC levels are the same for everyone in NJ. If you are .08% or higher you are going to have a hell of a time getting out of a DWI convition. Under .08 you have much better chances.

[stephen732]

will he be able to talk to the prosecutor to drop charge? ...or is the services of a lawyer recommended?

[stan03]

I would see a lawyer about this one just in case the prosecutor has an attitude problem. Find someone local with experience in DWI. It may be far cheaper in the long run to get a lawyer rather than take the chance of getting convidted of DWI. I think your chances of beating this one will be good.

[stephen732]

during their search, they got 3 quotes of $5000 for attorney services. i recommended that they talk to the prosecutor first to drop charge. if the prosecutor declines then they could ask the judge for more time to retain a lawyer. is that the best way to go?

is $5000 typical for dwi fees? could they do better?

[Eagle]

$5,000 is high. You should shop around more. Try to talk to the prosecutor before the court date if that is possible. Call his office and tell them your situation and maybe you will get an idea if a deal can be made. It may not be easy for the prosecution to prove DWI with a .07 BAC, so he may be willing to talk about a plea.

[stephen732]

well they went to court and first asked the prosecutor to drop the charge, he refused. so then they in front of the judge and asked for more time to secure a lawyer. $5000 did seem very high, now they have a little time to find a lawyer at a reasonable rate. what kind of fees should a case like this cost? they don't have too much money and social security doesn't pay much. i suppose a public defender may be a bad choice, right?

[Eagle]

Did they offer to plead guilty to other offences in exchange for dropping the DWI?

I think you could get a lawyer for much less than $5,000. Call your county Bar Association and ask them for a list of lawyers that deal with DWI matters and start making calls. Also, dont be hesitant to haggle a little bit. If they quote $3,000 say you only have $2400 - this is just an example. But you can price shop for legal services just like anything else.

[Kpdpipes]

Folks, you have to understand something.. the .08 BAC limit is not some concrete wall. The "Legal Limit" is the amount of alcohol, where there is ZERO question that you are too impaired to operate a vehicle. I've seen people with BAC's of .25 who showed NO outward signs that they were drunk, and i've had people who were stumbling and slurring at a .03. Just because you blow under the "limit" doesnt mean that you're going to get a pass.

[jff.law]

Yes, he needs a lawyer. Even though the limit is .08 yo can be considered to be impaired at a lower BAC. The cops and courts are making up the rules as they go along. Only a good DWI specialist lawyer can get the case dismissed, don't try this at home, you will lose for sure.

[stephen732]

so my friend's father got a lawyer and he was able to reduce the charges and only 30 day loss of license. he still thinks he should have gotten the whole charge dismissed but woodbridge prosecutor would rather have the case presented to the judge than drop the whole charge. so the lawyer told him to take the deal instead of taking the chance in front of a woodbridge judge