DWI Lawyer Bergen County — What Are Your Defense Options?
A DWI in Bergen County is a serious traffic offense under N.J.S.A. 39:4-50, not a criminal charge, but carries severe penalties including license suspension, fines, and mandatory ignition interlock. Law Offices Of SRIS, P.C. provides full representation for DWI cases in Bergen County. Our firm-wide experience includes 4,739+ documented case results. Contact a DWI lawyer Bergen County for a 24/7 consultation.
New Jersey DWI Law and Statute
Driving While Intoxicated (DWI) in New Jersey is defined under N.J.S.A. 39:4-50. It is critical to understand that a DWI is classified as a traffic offense in New Jersey, not a criminal charge. This means it is heard in Municipal Court, not Superior Court, and does not create a criminal record. However, the financial and administrative penalties are severe and can exceed $15,000 for a first offense. The statute prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol or drugs.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the DWI statute, refer to the New Jersey Statutes Title 39. For court procedures and locations, visit the Bergen Vicinage website.
Bergen County DWI Court Process
All Bergen County DWI cases are heard at the Municipal Court located at 10 Main Street in Hackensack. A key distinction in New Jersey is the extremely limited ability to plea bargain a DWI charge; the state generally prohibits pleading down to a lesser offense. Defense strategies often focus on challenging the calibration and maintenance records of the Alcotest 7110 breathalyzer and ensuring the mandatory 20-minute observation period was strictly followed.
- Receive your DWI summons and note your court date.
- Consult with a DWI lawyer Bergen County to review the police report and breath test documentation.
- Your attorney may file pre-trial motions to challenge the stop, arrest, or breath test validity.
- Attend your Municipal Court hearing for trial or disposition.
Potential Penalties for DWI in Bergen County
In Bergen County, a first-offense DWI with a BAC between 0.08% and 0.10% carries a 3-month license suspension, up to 30 days in jail, fines of $250-$400, and mandatory attendance at an Intoxicated Driver Resource Center (IDRC).
| Offense | Classification | License Suspension | Fine | Other Penalties |
|---|---|---|---|---|
| 1st Offense (BAC 0.08-0.10%) | Traffic Offense | 3 months | $250-$400 | IDRC (12-48 hrs), up to 30 days jail |
| 1st Offense (BAC 0.10%+) | Traffic Offense | 7-12 months | $300-$500 | IDRC, up to 30 days jail |
| 2nd Offense | Traffic Offense | 2 years | $500-$1,000 | 48 hrs-90 days jail, 30 days community service, mandatory ignition interlock |
| Refusal (1st) | Separate Offense | 7-12 months | $300-$500 | IDRC, mandatory ignition interlock |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. Firm-wide, we have handled 4,739+ documented case results with a favorable outcome rate exceeding 93%. Our approach is based on a detailed review of each client’s situation.
Case Results in New Jersey
While specific locality counts are proprietary, our firm actively represents clients in Bergen County DWI matters. Our documented firm-wide results total 4,739+ cases. We focus on challenging breath test evidence and procedural errors to seek dismissals or reduced penalties.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County DWI Lawyers
Our New Jersey location serves clients throughout Bergen County, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, and Bergenfield. We are accessible via I-80, the NJ Turnpike, and Route 17.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
Is a DWI a criminal offense in Bergen County, New Jersey?
No. DWI in Bergen County is a TRAFFIC offense under N.J.S.A. 39:4-50, NOT a criminal charge. Heard in Municipal Court, not Superior Court. Does NOT appear on criminal record. However: no jury trial right, almost no plea bargaining, and financial penalties are severe (~$10,000-$15,000+ first offense).
How much does a DWI cost in Bergen County, New Jersey?
Total first-offense cost ~$10,000-$15,000+ including MVC surcharge ($1,000/year × 3 years = $3,000), IDRC ($280), ignition interlock, insurance increases ($1,500/year × 3 years), and attorney fees. This does not include potential income loss from license suspension.
Can a DWI be expunged in New Jersey?
No. NJ DWI convictions CANNOT be expunged because DWI is a traffic offense (expungement only applies to criminal records). However, DWI does not appear on your criminal record. Defense focuses on Alcotest machine calibration, 20-minute observation period, and procedural errors.
What should I do if I am charged with an impaired driving charge in Bergen County?
It depends. You should immediately consult with an impaired driving charge lawyer Bergen County. Do not discuss the incident without legal counsel. An attorney can secure the police report, review breath test procedures, and begin building a defense focused on procedural or technical challenges.
What are common defenses for a DWI in New Jersey?
Common defenses include challenging the legality of the traffic stop, proving the Alcotest machine was not properly calibrated, showing the officer failed to observe you for a full 20 minutes before testing, or demonstrating a medical condition that skewed results. A driving while intoxicated defense lawyer Bergen County can evaluate which defenses apply.
Internal Links: For more information, see our New Jersey DWI Lawyer hub page. We also assist with criminal defense in Bergen County and reckless driving charges.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.