H. Scott Aalsberg, Esq., P.C.
NJ DWI and Criminal Defense Lawyers
1028 Route #23 North, Wayne, N.J. 07470
39 Milltown Road, 2nd Floor, East Brunswick, N.J. 08816
1-800-9-RIGHTS or (732) 257-5040
Fine: $250 to $400.00
Detainment: 12 to 48 hours at
Intoxicated Driver Resource Center
Ignition Interlock Device: if the
alcohol concentration is .15 or
higher must install an ignition
interlock device for a period of 6
months to 1 year.
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
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

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 four 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

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
Standard NJ DWI and DUI Penalties For 2018:
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 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 4
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
Protect Your Rights          www.GetNotGuilty.com
Over 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
1st Offense DWI / DUI Penalties

** Note for All NJ DWI and DUI Offenses: Additional penalties and jail time apply
violation occurs within 1000 feet of a school owned property or school crossing zone.
2nd Offense DWI / DUI Penalties
3rd Offense DWI / DUI Penalties
Fine: $500.00 to $1,000.00
Detainment: 48 hours at Intoxicated
Driver Resource Center (IDRC)
Ignition Interlock Device: 1 to 3
years after driving privileges are
Loss of License: 2 Years
Loss of Registration Privileges: 2
Community Service: 30 Days
Jail: 2 to 90 days
Fine: $1,000
Ignition Interlock Device: 1 to 3
years after driving privileges are
Loss of License: 10 years
Loss of Registration Privileges:
10 years
Jail: 180 Days of which up to 90
days may be spent at an approved
drug or alcohol inpatient
rehabilitation program
Copyright 2018 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
39 Milltown Road, 2nd Floor, 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, decided on
July 13, 2018, 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
Get the Best DWI Lawyer,  and
Get the Best Defense and Win!
New NJ DWI Law for 2018
H. Scott Aalsberg, Esq.
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.
New NJ DWI Law for 2018
In a recent NJ Supreme Court Case
decided on March 27, 2018 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.
New NJ DWI Law for 2018
In State vs. Goines published on
November 5, 2018, the court ruled that
although a police officer in this case a
Rutgers police officer was outside his
jurisdiction, 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 no longer matters
so long as they were arrested by a law
enforcement officer.