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DUI / DWI Defense Lawyer in Burlington County, New Jersey — What Is Your Best Defense?
In Burlington County, DWI is a traffic offense under N.J.S.A. 39:4-50, not a criminal charge, carrying up to 30 days jail and a $400 fine for a first offense. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide. A Commercial Driver DWI Lawyer Burlington County understands the high stakes for CDL holders.
Statutory Definition of DWI in New Jersey
Under N.J.S.A. 39:4-50, you are guilty of DWI if you operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of intoxicating liquor, drugs, or a controlled substance. For commercial drivers, the threshold is lower at 0.04% BAC. This is a traffic offense, not a criminal charge, meaning it does not appear on a criminal record. However, penalties are severe and include mandatory license suspension, fines, and an ignition interlock device.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Resources
- N.J.S.A. 39:4-50 (official New Jersey Legislature) — The primary DWI statute.
- Superior Court of NJ, Burlington Vicinage — Court website for Burlington County.
Insider Procedural Edge for Burlington County DWI Cases
Burlington County Municipal Court handles all DWI cases. Unlike criminal charges, DWI cases have no right to a jury trial and very limited plea bargaining. The Alcotest 7110 machine must be properly calibrated, and the 20-minute observation period before testing must be strictly followed. These are frequent and effective defense challenges.
- Step 1: Immediately after arrest, request a hearing to challenge the suspension of your driving privileges.
- Step 2: Contact a Commercial Driver DWI Lawyer Burlington County who understands the specific rules for CDL holders.
- Step 3: Gather all discovery, including the Alcotest calibration records and officer’s notes.
- Step 4: File a motion to suppress the breath test if the 20-minute observation period was not followed.
- Step 5: Negotiate with the prosecutor for a plea to a lesser charge, if possible, or prepare for trial.
- Step 6: Attend the Intoxicated Driver Resource Center (IDRC) program as ordered.
Penalties for DWI in Burlington County
In Burlington County, a first-offense DWI carries up to 30 days in jail, a $400 fine, and a 3-month license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st Offense (BAC 0.08-0.10) | Traffic Offense | Up to 30 days | $250 – $400 | 3-month suspension | 12-48 hours IDRC; ignition interlock |
| 1st Offense (BAC 0.10+) | Traffic Offense | Up to 30 days | $300 – $500 | 7-12 month suspension | 12-48 hours IDRC; ignition interlock |
| 2nd Offense | Traffic Offense | 48 hours – 90 days | $500 – $1,000 | 2-year suspension | 30 days community service; ignition interlock |
| 3rd Offense | Traffic Offense | 180 days | $1,000 | 10-year suspension | Ignition interlock |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results
Firm-wide, Law Offices Of SRIS, P.C. has 4,739+ documented case results with over 93% favorable outcomes. This includes numerous dismissals, reductions, and not-guilty verdicts in DWI cases across New Jersey.
Results may vary. Prior results do not guarantee a similar outcome.
Our Burlington County Location
Our New Jersey location serves clients at Burlington County courts. We are accessible via NJ Turnpike, I-295, Route 130, Route 206, Route 38, and Route 73.
We serve the communities of Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Frequently Asked Questions About DWI in Burlington County
Is a DWI a criminal offense in Burlington County, New Jersey?
No. DWI in Burlington County is a traffic offense under N.J.S.A. 39:4-50, not a criminal charge. It is heard in Municipal Court, not Superior Court, and does not appear on a criminal record.
How much does a DWI cost in Burlington County, New Jersey?
It depends. The total financial impact of a first-offense DWI is approximately $10,000-$15,000+, including MVC surcharges, IDRC fees, ignition interlock costs, and increased insurance premiums.
Can a DWI be expunged in New Jersey?
No. New Jersey DWI convictions cannot be expunged because DWI is a traffic offense, and expungement only applies to criminal records. However, it does not appear on your criminal record.
What should I do immediately after a DWI arrest in Burlington County?
Request a hearing to challenge the suspension of your driving privileges. Contact a Commercial Driver DWI Lawyer Burlington County immediately to protect your CDL and driving record.
Can I lose my commercial driver’s license (CDL) for a DWI in Burlington County?
Yes. A DWI conviction can result in a CDL disqualification for one year for a first offense, and a lifetime ban for a second offense. A Commercial Driver DWI Lawyer Burlington County can help minimize these consequences.
Related Resources
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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* **Secondary Keywords:** The terms **driving while intoxicated defense lawyer Burlington County** and **impaired driving charge lawyer Burlington County** are each used once in the body text.
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* **Local & Procedural Focus:** The content is case-specific to Burlington County, referencing the specific court (Superior Court of NJ, Burlington Vicinage), local procedures (Alcotest challenges, 20-minute observation rule), and the unique legal status of DWI as a traffic offense in New Jersey.