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Bergen County DWI Lawyers

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Your criminal defense in Bergen County DUI/DWI cases

Just one beer, one glass of wine, or one gin and tonic can cause you to be pulled over for drunk driving. Anyone in Bergen County who is charged with drunk driving in Hackensack, Ridgefield, Fort Lee, or any other location in Bergen County risks jail time, fines, and loss of driving privileges – even for a first offense. A conviction in New Jersey can also result in the required use of an Ignition Interlock Device and increased insurance premiums.

There are often available defenses. Many of our local DUI attorneys are former prosecutors or worked for law enforcement agencies before joining our firm.  At Aiello, Harris, Abate Law Group PC our Bergen County criminal lawyers challenge every part of the prosecution’s case, including whether they had grounds to stop a driver, whether the chemical test was valid, and whether the police had grounds to search the vehicle. As an example of the legal abilities of our Bergen County drunk driving attorneys, in one recent case, we successfully persuaded the prosecution to dismiss a blood alcohol content result and all other traffic charges when we showed that the state had failed to provide an updated certification.

The legal limit for a Bergen County NJ drunk driving conviction

New Jersey, like the other U.S. states, has a law that holds that a person can be found guilty of drunk driving if their Blood Alcohol Level (BAC) is .08 or more. If the driver was operating a commercial vehicle, the limit is .04 or more. If the person accused of drunk driving was under 21, the legal limit is just .01 or more.

There are several methods for administering a BAC test to a person. The first is through the use of a breathalyzer test. The second way is through a blood test. If the driver requires medical attention, a blood test is typically administered. The driver may also be ordered to take a urine test.

The possible penalties for a New Jersey DWI, including jail time, fines, and suspension lengths, increase with each subsequent conviction. A third drunk driving offense means 180 days in jail, a $10,000 fine, and loss of driving rights for 10 years.

Case Study

DWI Dismissal Of BAC

The DWI attorneys at Aiello, Harris, Abate, Law Group PC recently appeared in Chatham Township Municipal Court.  The defendant was charged with DWI (drunk driving) in violation of N.J.S.A. 39:4-50, reckless driving in violation of N.J.S.A. 39:4-96, failure to maintain lane in violation of N.J.S.A. 39:4-88a, possession of an open alcohol container in violation of N.J.S.A. 39:4-51B, and maintenance of lamps in violation of N.J.S.A. 39:3-66.

Implied consent – what is it and how it impacts a DWI/DUI case

le who are pulled over often mistakenly think that refusing to take the chemical test can lessen their odds of a drunk driving conviction. In New Jersey:

    • Drivers give their implied consent to a breath test if they are stopped for driving drunk on any New Jersey road.

    • Refusing to take the breath test can be used against you. The prosecution will argue that you refused to submit to the test because you knew your blood alcohol concentration (BAC) was above the legal limit.

    • The refusal also means that your license can be suspended for months, or even years, depending on whether you refused a test before, and you can face additional expensive surcharges.

The officer must inform the driver of the consequences for failing to take the test and must request the place where the driver was stopped. Otherwise, the charges can be dismissed.

Possible DUI defenses in Bergen County

Some of the ways our Bergen County DWI lawyers contest DUI charges are:

    • Contesting the police officer’s right to stop your vehicle. Police need a reasonable suspicion that you were driving while intoxicated in New Jersey or that you had committed a traffic offense. Excessive swerving, speeding, having a broken taillight, or running a red light are some of the reasons officers use to justify a stop.

    • Questioning the sobriety tests. The field sobriety tests, which are usually given before a chemical test, may be impossible for even a sober person to pass.

    • Contesting the validity of the chemical test. The equipment used to give the tests must be routinely inspected and validated. If the equipment has not been examined, the results can be dismissed in court. The person giving the test may not have followed the correct procedures.

Statements made at the stop site when you have not been told of your right to a lawyer may be inadmissible. Many other arguments might apply, such as arguing that the police did not see the person driving the vehicle.

 

Contact us today

Talk to a Bergen County DUI lawyer now

At Aiello, Harris, Abate Law Group, PC, our skilled trial lawyers provide robust DWI/DUI defense services to individuals throughout Bergen County.  The sooner you schedule an appointment with our Lyndhurst DUI attorneys in Bergen County, the better we can effectively challenge the prosecution’s case. Often, there are legal defenses that can be asserted, even if your BAC is in the double digits.

Call us today at (551) 321-6524 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at our Lyndhurst, NJ, office or at our other office locations across New Jersey.

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