First Offense

Experienced First Offense DWI Attorneys Including a Former Holmdel Prosecutor Nicholas Moschella

There is no question that the largest block of Holmdel DWI cases involve someone accused of a first offense. Unlike other areas of the law, however, there is no leniency for those who drink and drive. The results is rather harsh penalties for even a first offense under N.J.S.A. 39:4-50. The good news is that our firm, Marshall, Bonus, Proetta & Oliver is highly skilled in defending those charged with a first offense in Homdel Township. We are not only the largest DWI/DUI defense firm in Monmouth County with attorneys that possess top quality training and experience. Our attorneys have been appearing with success in Homdel Municipal Court for over twenty years now and our staff even includes Nicholas Moschella, who formerly prosecuted in this court. A lawyer who is equipped to win your second offense case is available to speak to you immediately. Call our Middletown Office (732-615-0039) or Red Bank Office (732-450-8300) for a free initial consultation.

Charged With A First Offense DWI in Holmdel

If you are convicted of a second offense, the penalties at sentencing hinge on whether the conviction is for a first tier or second tier DWI.  A first tier is a 39:4-50 violation that is based on a blood alcohol concentration (“BAC”) of at least .08% but less than .10%.  Readings of .10% are higher involve a second tier.  The period of revocation is a flat three (3) months for a first tier and seven (7) months to one (1) year for a second tier. While prosecutors are prohibited from resorting to plea bargaining to downgrade a second tier to a first tier, lowering is permitted if your Holmdel DWI defense lawyer presents a meritorious issue concerning the validity of the original breath test result.  Our attorneys are able to present such an issue in the majority of first offense cases. This allows us to achieve a lower tier conviction or, in quite a few cases, a dismissal of the DUI altogether. Results like these are a reflection of our considerable training and experience, including our possessing 5 of the 50 lawyers in the entire state who are certified on the Alctotest. A favorable outcome not only negates the aforementioned license suspension but also fines and assessments that approximate $1,000, a $1,000 annual surcharge for three years, skyrocketing insurance rates, as well as installation of an ignition interlock in their vehicle.

Holmdel NJ First Offense DWI Attorney

If you are facing a first offense in Holmdel, it is important that you act quickly to secure representation for an experienced attorney. The municipal court is supposed to resolve all DWI cases within 60 days of issuance of a DUI ticket so there is no room to drag your feet in preparing your defense. An attorney with the knowledge and tools to effectively defend you in Holmdel is available immediately to thoroughly review your case and provide you with a plan to avoid a conviction.