Personalized DWI Defense From a Former NJ Prosecutor

Being charged with a DWI/DUI in New Jersey can be an overwhelming experience. The penalties are severe, including license suspension, heavy fines, mandatory ignition interlock device installation, and even jail time. But a charge is not a conviction — and the right attorney can make all the difference.

Nicholas A. Moschella, Jr. is a former municipal prosecutor who now dedicates his practice to defending individuals accused of DWI and related offenses. His experience prosecuting and defending cases across New Jersey informs every defense he builds.

New Jersey DWI Penalties

First Offense (BAC 0.08% - 0.10%)

• Up to 30 days in jail
• $250 - $400 fine
• 3-month license suspension
• 12-48 hours in the Intoxicated Driver Resource Center (IDRC)
• Ignition interlock device during suspension and 6-12 months after

First Offense (BAC above 0.10%)

• Up to 30 days in jail
• $300 - $500 fine
• 7-12 month license suspension
• 12-48 hours in the IDRC
• Ignition interlock device during suspension and 6-12 months after

Second Offense

• 2-90 days in jail
• $500 - $1,000 fine
• 1-2 year license suspension
• 30 days community service
• Ignition interlock device for 2-4 years after restoration

Third Offense

• 180 days in jail
• $1,000 fine
• 8-year license suspension
• Ignition interlock device for 2-4 years after restoration

DWI Defense Strategies

Every DWI case is unique, and there are many potential defenses available, including:

• Challenging the traffic stop — Was there probable cause for the stop?
• Breathalyzer accuracy — Was the Alcotest device properly calibrated and maintained?
• Field sobriety test issues — Were the tests administered correctly?
• Rising blood alcohol — Was your BAC actually above the limit while driving?
• Medical conditions — Do you have conditions that could affect test results?

DWI Defense in Middlesex County

DWI stops are common along Route 18, Route 1, the New Jersey Turnpike, and the Garden State Parkway — all major corridors running through Middlesex County. Mr. Moschella regularly defends DWI cases in municipal courts across Edison, Woodbridge, East Brunswick, New Brunswick, Old Bridge, Piscataway, Sayreville, and Perth Amboy.

As one of approximately 50 attorneys in New Jersey certified to operate the Alcotest 7110 breathalyzer, Mr. Moschella brings a technical edge to every DWI defense in Middlesex County. He knows how local prosecutors build DWI cases and how to challenge the evidence at every stage.