NJ DWI/DUI Defense Attorneys
Being charged with driving while intoxicated (DWI) or driving under the influence (DUI) in the state of New Jersey can have significant legal and financial consequences. However, simply being charged with DWI does not mean that you will, in fact, be convicted. DWI/DUI law is very complex and retaining a trained and knowledgeable attorney for your defense can substantially improve your chances of a favorable result.
Attorneys who defend DWI/DUI cases analyze all of the elements of the case to ensure that your rights are protected and were not violated. This will include verifying that you were lawfully pulled over, that the officer administering any examination—such as a Breathalyzer or field sobriety tests—did so in compliance with New Jersey guidelines, and that no other errors occurred that could have adversely affected evidence against you.
Using any possible legal defenses available in your case, a skilled attorney may be able to have charges dismissed or reduced considerably to avoid a DWI conviction on your record and the associated penalties. The experienced DWI defense team at the Maduabum Law Firm, LLC advocates on your behalf and works to obtain the best possible outcome for you.
DWI/DUI Charges in New Jersey
Under New Jersey law, it is illegal to “operate a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drugs.” Thus, you may be charged with DWI if you are intoxicated by either alcohol, a controlled dangerous substance, or both. If you are stopped, a law enforcement officer may perform a field sobriety test or ask you to submit to a Breathalyzer if they have probable cause to suspect you are impaired. If the officer finds that you are driving while intoxicated, you may be arrested and charged with DWI.
If you are over the age of twenty-one and presumed to be drunk driving, the legal limit for a conviction is a blood alcohol content (BAC) of 0.08 percent. There is a zero tolerance policy for drunk driving for those under the legal drinking age of 21 and even a 0.01 percent BAC can result in a DWI. A reading of your BAC is not necessary for a DWI conviction. However, if a chemical test is not properly conducted, a prosecutor can still pursue a conviction based on an officer’s testimony that they observed signs of intoxication, including slurred speech, red eyes, the odor of alcohol or marijuana, and more.
Penalties for Driving Under the Influence
Drivers who have been convicted of driving while intoxicated face harsh legal and financial penalties. These penalties can include fines, temporary or permanent suspension of driving privileges without access to hardship licenses, and even jail time. The severity of the penalties assessed depends on many different factors including your BAC, whether you are a first-time or repeat offender, whether an accident occurred, among others.
As of December 1, 2019, if convicted of a first offense of Driving under the Influence (“DUI”) with a Blood Alcohol Content (“BAC”) of less than .15%, an individual will only lose their license until they successfully install the court ordered ignition interlock device (IID) on their primary motor vehicle. This also applies if there is no Alcotest reading and the individual is only convicted based off an officer’s observations. However, if convicted of a first offense of DUI with a BAC of .15% or higher, the Court still must impose a license forfeiture of up to six (6) months.
Furthermore, if convicted of DUI while having a BAC of .10% but less than .15%, the Court must order a mandatory seven (7) month ignition interlock device. If convicted of a DUI with less than a .10% BAC or a conviction based on an officer’s observations, this ignition interlock device is only required to be installed for a period of three (3) months.
For a second offense DUI, the minimum loss of license is now one (1) year, with a required two (2) to four (4) year interlock device.
A third DUI now has a mandatory eight (8) year loss of license with another two (2) to four (4) year ignition interlock device requirement. A third DUI also carries with it a mandatory six (6) months of County Jail.
Refusal to Submit to Breathalyzer
There’s an age-old adage that states that people should “never blow” when they are requested to submit to a Breathalyzer. However, New Jersey has an implied consent law under which the refusal to submit to a breathalyzer or a chemical test results in the mandatory installation of an ignition interlock device for nine (9) to fifteen (15) months. For a second or third offense, the Refusal penalties are the same as the DUI penalties, with the exception that a third refusal will not result in a County Jail sentence. If you do refuse to submit to a Breathalyzer, an experienced attorney can handle that case in addition to your DWI.
Our New Jersey DWI/DUI Defense Attorneys can Help You
It is imperative that drivers charged with DWI/DUI seek experienced legal counsel for representation throughout their case. The attorneys at the Maduabum Law Firm, LLC have both a comprehensive understanding of New Jersey’s DWI/DUI laws as well as the experience necessary to help you obtain a more favorable disposition. Please contact Maduabum Law Firm, LLC at 973-732-1490 for a consultation today.