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Driving while intoxicated (DWI) is a severe offense in the state of New Jersey. There is simply no substitute for having an experienced New Jersey DUI defense lawyer to ensure your rights are protected — someone who will aggressively defend those rights and seek the best possible results on your behalf.
At Aiello, Harris, Abate Law Group PC, we provide aggressive and effective representation to people throughout North and Central New Jersey who have been arrested on drunk driving charges. Our attorneys may help you in your New Jersey criminal defense case, too, but it is crucial that you not delay in contacting us, even if you believe they have you dead to rights on a failed blood or breathalyzer test. In fact, there still may be ways to beat the charges against you.
For the police to stop a motor vehicle on the roadway, the officer must first have a basis for effectuating the stop. After the person is initially stopped or contacted by the police (possibly during a field sobriety test), they are usually asked incriminating questions without being advised of their Miranda rights and without the right to consult with an attorney. He is then subjected to a series of “field sobriety tests” under physically and emotionally tricky conditions — tests which are nearly impossible for most people to perform well.
Case Study
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.
After the arrest, the suspect is then required to submit to breath testing, usually at the police station, and again, without any right to speak with an attorney. Contrary to popular belief, the breathalyzers used by the police are inaccurate and highly unreliable, and many officers administering them are unfamiliar with proper procedures. If the suspect refuses, or if the police feel he is not cooperating to their satisfaction, the person can be charged with a violation of refusing to submit to a breathalyzer test, which carries the same penalties as a DWI/DUI.
The individual now must deal with a prosecution in the court where he will be charged with driving under the influence of alcohol (or, possibly, driving under the combined influence of alcohol and drugs). Under New Jersey law, a person is guilty of DWI if their blood alcohol concentration (BAC) at the time of arrest was 0.08% or greater. However, the penalties do vary depending on the percentage of BAC at the time of arrest. For a first offense, a person with a BAC of .08% – .10% could lose his/her license for a period of three (3) months, while a BAC of .10% and above could lose his/her license for a period of (7) seven months to one (1) year. A person who refuses to submit to a breathalyzer test can lose his/her license for seven (7) months.
NJ Penalties for Driving While Intoxicated – These proceedings can be effectively handled by an experienced New Jersey criminal defense attorney who specializes in blood-alcohol analysis and drunk driving cases. It is an unfortunate fact, however, that many general practitioners or general criminal attorneys attempt to represent clients with little or no training or experience in this very complex field. Their results are predictable.
Contact Aiello, Harris, Abate Law Group PC for DWI defense lawyers with the experience you need on your side. For an initial consultation.
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.
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