DWI Attorney in New Jersey

Protecting Your Rights, Freedom & Driving Privileges in NJ

Driving while intoxicated (DWI), or driving under the influence (DUI), as it's often referred to, is one of the most serious traffic offenses one can be charged with. A conviction for DWI in New Jersey will permanently remain on a driving record, as a DWI conviction cannot be expunged. 

In addition, you could face fines, imprisonment, and license suspension. At Roberts & Teeter, LLC, we fight to help our clients avoid the life-altering consequences of a DWI conviction.

While navigating the complexities of DWI charges, it's crucial to have a sound understanding of the legal process. This includes knowing your legal rights during a traffic stop, the procedures law enforcement must follow, and the potential defenses available.

Our New Jersey DWI lawyers have a vast knowledge of New Jersey law and extensive trial experience. We continually stay abreast of all changes to the law. You can rest assured that you will have the most reliable legal advice and personalized legal representation from our attorneys.

If you have been charged with DWI, call (732) 607-5553 or reach out online to our New Jersey DWI lawyers for a free consultation. 

Understanding New Jersey DWI/DUI Laws

In New Jersey, a person can be charged with DWI when they operate a motor vehicle while under the influence of narcotics, hallucinogenic drugs, or alcohol. 

In New Jersey, a charge of DWI is brought under two separate, but often overlapping, legal theories, both codified under N.J.S.A. 39:4-50. The State does not need to prove both theories; proving either one is sufficient for a conviction.

The Per Se Violation

This theory focuses solely on the defendant's Blood Alcohol Content (BAC) at the time of the offense. The State proves this element by presenting the results of the Alcotest machine.

• A driver is guilty of DWI per se if the breath test indicates a BAC of 0.08% or higher within a reasonable time of operating the motor vehicle.
• For commercial drivers, the legal limit is lower.
• The State does not need to prove that the driver was actually driving poorly or exhibited visible signs of impairment; the BAC reading alone is the evidence of guilt.

The Impairment Theory

This theory focuses on the defendant's mental and physical ability to operate a vehicle safely, regardless of the BAC reading.

• A driver is guilty of DWI under the influence if they operate a motor vehicle while impaired by alcohol, narcotics, hallucinogenic, or habit-producing drugs.
• The State proves this through circumstantial evidence, including the officer's testimony regarding erratic driving, performance on Field Sobriety Tests (FSTs), slurred speech, bloodshot eyes, and poor coordination.
• It is possible to be convicted under the Impairment Theory even if the BAC result is below 0.08% (e.g., due to prescription drug use or fatigue that causes impairment).

New Jersey treats DWI as a serious traffic violation, not a criminal matter. This distinction means that once charged, the State does not need to prove intent, and you are not afforded the right to a jury trial. 

The case is decided solely by a municipal court judge. This fact makes the expertise of a New Jersey DWI defense lawyer even more crucial, as the judge's decision is final and subject to mandatory sentencing laws.

Recent Changes in New Jersey DWI/DUI Law

In December 2019, some drastic changes to New Jersey’s DWI laws went into effect. The penalties you may be facing under the new law depend on your blood alcohol concentration (BAC) and whether this was your first or subsequent offense.

Some facts you may not know about New Jersey DWI/DUI law:

• The state of New Jersey does not plea bargain in DWI cases, which is why DWI matters need to be brought to trial.
• A DWI charge can be dismissed by the prosecutor if they believe there is a lack of evidence to prove the case.
• A DWI conviction is classified as a motor vehicle violation, not a crime. This is why a DWI conviction cannot be expunged.
• In some cases, the state may prove its case solely on a police officer’s observations and without a blood alcohol level.
• Driving in New Jersey is a privilege, not a right.
• If a driver under the age of 21 has a blood alcohol level of 0.01% or more, they will be charged with driving while intoxicated.

Since recent updates to the law, it's even more crucial to stay informed and consult with legal professionals who are up-to-date on these changes. This knowledge can help ensure your case is handled with the most current legal insights and strategies from an experienced DWI lawyer New Jersey trusts.

Penalties for a DWI/DUI Conviction in New Jersey

• First Offense DWI – Up to 30 days in jail, a fine of $250-$500, 12-48 hours at the Intoxicated Driver Resource Center, and license suspension until an ignition interlock device is installed on your car at your own expense, which must remain on the car for three months.
• Second Offense DWI – Up to 90 days in jail, 1-2 year license suspension, ignition interlock device for up to 4 years after getting your license back, 48 hours in the Intoxicated Driver Resource Center, up to $1,000 in fines, $1,000 yearly surcharge for three years, and other fees.
• Third or Subsequent Offense DWI – Up to 180 days in jail, driver's license suspension for 8 years, up to 4 years of an ignition interlock device after your driving privilege is restored, a $1,500 yearly surcharge for 3 years, $1,000 fine, and other fees.

The consequences of DWI offenses in New Jersey are far-reaching and affect multiple aspects of life. Beyond legal penalties, a DWI conviction can severely impact employment opportunities, professional licenses, and insurance rates.

If you are charged with DWI in New Jersey, you should not hesitate to contact a DWI attorney with specific experience representing clients in these cases. Our New Jersey DWI lawyers have handled more than 3,000 cases for our clients over the past decade.

View New Jersey's DUI/DWI Penalty Guide

Navigating Traffic Stops & DWI Checkpoints in New Jersey

It's essential to be informed about how to respond when stopped at DWI checkpoints or by police officers in New Jersey. These roadblocks are often set up during holidays or in high-traffic areas to deter and identify potential impaired drivers. 

Checkpoints must adhere to New Jersey's guidelines, including being publicly announced in advance and conducted in a pre-determined manner. When stopped, you should comply with basic requests but understand the legal boundaries, such as not having to answer potentially incriminating questions without legal counsel.

Knowing what constitutes proper procedure during these stops can help determine the legitimacy of the charges. For instance, the officer must have a valid reason, such as observable impairment, to perform further DWI testing. Documenting the details of the stop can be valuable for your defense, emphasizing the importance of legal support from a DWI defense attorney New Jersey residents trust.

Common Issues with Field Sobriety and Chemical Tests

Law enforcement officers rely on field sobriety tests (FSTs) and chemical tests to determine impairment. However, these tests are not always reliable.

Common Issues with Field Sobriety Tests

• Poor weather or road conditions affecting performance.
• Medical conditions such as ear problems or knee injuries that mimic intoxication.
• Officer error in test administration.

Challenging Breathalyzer and Blood Tests

• Whether the device was properly calibrated.
• Whether the officer was certified to administer the test.
• The possibility of false readings due to medical issues or improper procedure.

Refusing to Submit to a Breathalyzer Test in New Jersey

In the state of New Jersey, any individual who operates a motor vehicle on any public road or highway implies consent to having breath samples taken to determine the amount of alcohol in their blood. 

The sample must be taken with proper procedure and made in accordance with the provisions of the state of New Jersey. The sample shall be taken upon the request of a police officer who has reasonable grounds to believe the driver was driving while intoxicated.

The state of New Jersey keeps a record of the test, including the date, time, and result. Upon request, a copy of the record shall be given to the person tested. No sample shall be taken forcibly or against physical resistance. If a person refuses to submit, the police shall inform them of the consequences of refusing to submit to the test.

If convicted, a person who refuses a breath test can receive penalties such as:

• License suspension
• Fines
• Installation of an interlock device
• Referral to an Intoxicated Driver Resource Center

Depending on whether this is your first or subsequent DWI offense, your sentence could put you in jail for as many as 180 days and cost you up to $1,000 in fines. Your insurance rates will also skyrocket, making it difficult to afford to drive. It is crucial that you hire a DWI defense lawyer in New Jersey in order to secure the best possible outcome for your case.

Key Elements of a Successful DWI Defense

Defending a DWI charge relies on forensic and procedural challenges, not on arguing whether the driver intended to be intoxicated. As a DWI attorney in New Jersey, we attack the State's case at three critical points:

• Challenging the Motor Vehicle Stop: Police must have reasonable suspicion of a traffic violation or criminal activity to legally stop your vehicle. If the stop was based on an unverified tip, an anonymous call, or a weak observation (e.g., brief, non-erratic weaving), we file a Motion to Suppress, arguing the stop was unconstitutional. If successful, the entire DWI case is dismissed.
• Attacking the Field Sobriety Tests (FSTs): FSTs (like the Walk-and-Turn) are highly subjective. We argue that the tests were improperly administered, that environmental factors (weather, road conditions, improper footwear) interfered with the results, or that the defendant's physical condition (age, injury) rendered the tests inconclusive.
• Disputing the Alcotest Results (The Chun Protocols): New Jersey uses the Alcotest 7110 MKIII-C, and its operation is governed by strict scientific and procedural rules (the Chun protocols). We request and scrutinize the machine's calibration reports, the operator's certification, the 20-minute observation period (which must be uninterrupted), and the sequence of tests. 

How Can a DWI/DUI Lawyer In New Jersey Help You

Hiring a lawyer who has experience in helping clients with DWI charges is essential for ensuring that you have all of the support and legal guidance that you need during a challenging time. Without a DWI lawyer by your side to help support and guide you, you may be putting your future and your reputation at risk.

A DWI attorney can help you in the following ways:

• Your lawyer will conduct a thorough investigation of your case to help ensure that the charges and evidence being used against you are legitimate.
• Your lawyer will collect valuable evidence that will help to support your case.
• Your lawyer will be there to provide you with important legal guidance that will help you avoid costly mistakes.
• Your lawyer will support you emotionally through the process, which can help alleviate your stress levels associated with your DWI charges.
• Your lawyer will fiercely represent you in court and fight to protect your rights and your future.

Contact an Experienced New Jersey DWI Lawyer

Our New Jersey DWI attorneys will review the facts of your case, investigate the circumstances of your arrest, and the evidence against you to develop the most effective strategy for your defense. The penalties for driving while intoxicated are severe and have a lasting impact. The best thing you can do to potentially minimize consequences and ensure your rights are protected is to hire an experienced criminal defense attorney.

Please call our law firm at (732) 607-5553 or contact us online to discuss your case with a lawyer in our office. 

Frequently Asked Questions About DWI in New Jersey

What Happens If I Get a DWI in New Jersey?

Getting charged with a DWI in New Jersey initiates a legal process involving both administrative and criminal actions. Initially, you'll face a court hearing where the arresting evidence is reviewed. If convicted, penalties range from license suspension to fines and potential incarceration. Additionally, insurance premiums may sharply increase. Engaging a qualified DWI attorney early on can help navigate these proceedings and aim for reduced consequences.

How Can I Defend Against DWI Charges?

To effectively defend against DWI charges, it's essential to engage a knowledgeable legal professional who can evaluate the specifics of your case. Common defenses include challenging the legality of the traffic stop, disputing the accuracy of sobriety tests, and focusing on procedural errors by law enforcement. An attorney from Roberts & Teeter, LLC can tailor a defense that leverages these approaches, ensuring that every possible argument is presented to the court to reduce or dismiss charges.

Is It Possible to Have a DWI Expunged from My Record?

In New Jersey, DWI is considered a traffic violation rather than a criminal offense, and thus, it cannot be expunged from your record. This classification emphasizes the importance of mounting a robust defense from the onset since the impacts of a DWI conviction are long-lasting. Consulting with a DWI attorney about potential consequences and proactive measures you can take is vital.

What Is the Role of Field Sobriety Tests?

Field sobriety tests are standardized assessments used by law enforcement officers to gauge a driver's level of impairment. However, these tests are not foolproof and can be influenced by various factors, including medical conditions, environmental influences, and improper administration. A skilled attorney from Roberts & Teeter, LLC can scrutinize the test conditions and results for any inconsistencies or legal shortcomings, potentially using these in your defense strategy.

Should I Get an Ignition Interlock Device After a DWI?

In New Jersey, the installation of an ignition interlock device is often mandatory following a DWI conviction. This device requires the driver to provide a breath sample before the vehicle can be operated, ensuring they are not under the influence. While it can seem inconvenient, compliance with this requirement can facilitate reinstating your driving privileges sooner. Legal counsel can provide further guidance on the conditions and duration applicable to your situation.

What Should I Do Immediately Following a DWI Arrest?

After a DWI arrest in New Jersey, your immediate steps should involve maintaining your composure and cooperating with law enforcement as needed. Refrain from volunteering information that might inadvertently incriminate you. It is crucial to contact a DWI attorney as soon as possible to discuss the details of your arrest and start the defense process. Collect and document all possible evidence related to the stop, including interactions with officers and any field or chemical tests administered.

What Are My Rights at DWI Checkpoints?

At DWI checkpoints in New Jersey, drivers have the right to remain silent beyond necessary communications with police and are protected against unreasonable searches and seizures without probable cause. You are required to provide driving credentials, but are under no obligation to answer additional investigative questions without legal representation. Officers should adhere to proper protocol, including respectful interactions and clearly communicating the nature of the stop. Any deviation from established procedures during a checkpoint stop could be grounds for a legal defense strategy, emphasizing the importance of consulting with a DWI attorney familiar with local laws and checkpoint regulations.

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