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New Jersey Repeat DUI Lawyers
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Providing Strong Advocacy for Residents Charged with a repeat DUIs in NJ
Anyone who drives on a New Jersey road can be pulled over and tested for drunk driving if the police officer has reasonable cause to pull them over and proper grounds to conduct a test. If convicted of a DWI, a driver can lose his/her license, spend 30 days or more in jail, pay hefty fines, and probably be required to use an interlock ignition device when he/she is allowed to drive again. Subsequent convictions can have extremely harsh consequences.
The legal limit for a New Jersey 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 a 10-year loss of driving rights.
Repeat DUI FAQs In New Jersey
The state of New Jersey is very strict with individuals charged with DUI, and for those with repeat DUI offenses, the penalties are severe.
- Link to NJ’s DWI penalty PDF
A first offense of DUI (0.8% BAC up to less than 0.10 BAC) is punishable with a fine of a few hundred dollars, mandatory attendance at classes at the Intoxicated Driver Resource Center (IDRC) and a suspension of one’s driver’s license for three months up to seven months.
Second DUI Offense Within 10 Years
For a second DUI offense, the fine rises to between $500 and $1000, and includes mandatory community service for 30 days or more. The individual’s license can be suspended for up to 2 years, and when driving privileges are reinstated, the state of New Jersey also requires the installation of an ignition interlock device. Mandatory classes at IDRC are also required.
For a third DUI offense, an individual faces fines of $1,000 or more, and imprisonment of not less than 180 days, or six months. Further, driving privileges are suspended for 10 years and when reinstated, would require the installation of an ignition interlock device.
Possible DUI defenses in New Jersey
Some of the ways our New Jersey 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. The results can be dismissed in court if the equipment has not been examined. 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.
Your New Jersey repeat DUI defense team
The state of New Jersey has seen a decline in criminal defenses available for DUI offenses due to the sophistication and reliability of Breathalyzer technology; however, that does not necessarily mean that a charge always results in a conviction. Trust your DUI defense to our New Jersey DUI attorneys, each of whom has extensive experience with the intricacies of DUI law in New Jersey. You can rest assured that you will receive excellent advocacy, without judgment, and the best possible outcome.
Make the call to an aggressive New Jersey drunk driving lawyer now
There are defenses to drunk driving and drugged driving charges. Often, the prosecution cannot prove each element of its case. The police may not have followed proper procedures, or your rights may have been violated. To speak with an experienced New Jersey DWI and DUI lawyer, please phone Aiello, Harris, Abate Law Group PC.
NJ DWI / DUI / DUID Resources
Laws Related To DUI In New Jersey
- What is the difference between DWI and DUI in New Jersey?
- In New Jersey, the penalties escalate for subsequent DUI offenses
- What is the 10-year step-down rule in New Jersey?
- What is IDRC? How does it apply in a third-offense DUI case?
Field Sobriety Tests
- What is the purpose of the field sobriety test?
- Things to know about DUI checkpoints
- When will a driver be asked to undergo the field sobriety tests?
- Are physical disabilities a factor in the performance of the field sobriety test
- Common misconceptions about the field sobriety test
- How important is the video recording of a police officer’s stop to the defense of a DUI charge?
- Case history: defending the results of the field sobriety test
Drug-Related DUI
- Common misconceptions about drug-related DUI charges in New Jersey
- Common scenarios resulting in drug-related DUI charges
- The rights of an individual regarding illegal search and seizure
- Potential penalties resulting from drug-related DUI charges in New Jersey
- Challenging aspects of defending drug-related DUI from an attorney’s perspective
- Metabolites are defined as molecules from a scheduled controlled drug
- The qualities to look for when looking to hire an attorney to defend drug-related DUI charges
DUI General Information
- FAQs About DUI Defense
- What are per se violations?
- What will occur after a DUI arrest in New Jersey?
- What kind of problems can a DWI convict face?
- Criminal defense is an area of the law that significantly impacts clients’ lives.
DWI / DUI / DUID Useful Tips & Issues
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