DUI Lawyer 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 DUI conviction.
Our NJ DUI lawyers have 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 DUI, call (732) 607-5553 for a free consultation.
New Jersey DUI Laws
In New Jersey, a person can be charged with DUI when they operate a motor vehicle while under the influence of narcotics, hallucinogenic drugs, or alcohol. Every state has set its own laws and penalties for driving under the influence. The specifics of the law vary, leading to many questions after you have been pulled over. If you are facing a DUI charge, our lawyers are always happy to assist.
Penalties for a DUI conviction in New Jersey include:
- First Offense DUI – Up to 30 days in jail, 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 DUI – 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 DUI – 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, $1,500 yearly surcharge for 3 years, $1,000 fine, and other fees
If you are charged with DUI in New Jersey, you should not hesitate to contact an attorney with specific experience representing clients in these cases. Our New Jersey DUI lawyers have handled more than 3,000 cases for our clients over the past decade.
Recent Changes to New Jersey DUI Law
In December 2019, some drastic changes to New Jersey’s DUI 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 a subsequent offense.
Some facts you may not know about New Jersey DWI 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 their 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 their 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.
Refusing to Submit to a Breathalyzer Test in NJ
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
- Installation of an interlock device
- Referral to an Intoxicated Driver Resource Center
Depending on whether this is your first or subsequent DUI 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 and make it difficult to afford being able to drive. It is crucial that you hire a DUI defense lawyer in New Jersey in order to secure the best possible outcome for your case.
In order to be convicted of refusing to submit to a breath test, it must be proven that:
- The arresting law enforcement officer had probable cause to believe that the driver was intoxicated while operating the vehicle
- The individual was placed under arrest
- The person refused to submit to the test upon request by the officer
New Jersey DWI Lawyer
Our New Jersey DUI 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 to discuss your case with a lawyer in our office.
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