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Your criminal defense in New Jersey DUI , DWI, and DUID 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 New Jersey who is charged with drunk driving 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 New Jersey DWI 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 New Jersey 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 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.
Too many people assume there is nothing they can do to defend themselves against charges of driving while intoxicated (DWI) or driving under the influence (DUI). The deck may feel stacked against you, but you do have options. The attorneys at Aiello, Harris, Abate Law Group, PC, know how to build a defense and challenge the evidence against you. They will always put your future first throughout the case.
Penalties and Fines of a DWI in New Jersey
Penalties for a DWI under New Jersey law vary depending on how high your blood alcohol content (BAC) was at the time of your arrest and whether you have any prior history of drunken driving charges.
The following is a list of the different DUI charges depending on your blood alcohol content (BAC):
When the BAC level is greater than 0.08 percent, and less than 0.10 percent:
- The fine ranges between $250 – $400
- Loss of driver’s license for three months
- The requirement for an interlock device
- Mandatory participation in the Intoxicated Driver Resource Center program for 12-48 hours
- The court has the discretion to impose a prison sentence for a maximum of 30 days
Additional DUI Offenses
Just because you were arrested for a DWI does not mean you will automatically face these severe penalties and consequences. To protect your legal rights, you must immediately contact Aiello, Harris, Abate Law Group PC, a New Jersey DUI lawyer.
Implied Consent
What is implied consent, and how does it impact a DWI / DUI case?
People 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 of failing the test and must request the place where the driver was stopped. Otherwise, the charges can be dismissed.
Standardized Field Sobriety Tests
They understand how the State will use evidence against you and will recognize any errors in the police’s procedure from your arrest and field sobriety test. The DUI attorneys at Aiello, Harris, Abate Law Group PC have studied both the law and the science behind DUI cases. Our attorneys are experienced in analyzing DUI cases and thoroughly examining every detail to ensure your rights are fully protected.
Refusing to Take the Breathalyzer Test
In New Jersey, Driving While Intoxicated (DWI) is against the law. If you are stopped while operating a motor vehicle on suspicion of drunk driving, the officer will request a breath test and should inform you of your rights. Additionally, you will be asked to participate in a field sobriety test and take a breathalyzer test.
- The penalties for refusing to take the initial breath test include a seven-month license suspension and a fine ranging from $300 to $500.
- You will lose your license for two years and have to pay a fine of $500 to $1,000 if this is your second refusal.
- For your third refusal, the suspension lasts for ten years, and a fine of $1,000 is imposed.
- Additionally, the penalties are doubled if you refuse to take a chemical test after being arrested for a DWI while driving on school grounds, through a school crossing, or within 1,000 feet of a school.
Better still, refusing a chemical test does not guarantee that you won’t be convicted – you could be found guilty of a DWI even if your refusal means that the state does not have proof that your BAC was over 0.08%, the legal limit for those over 21.
In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DWI.
DUID In New Jersey
Driving Under the Influence of Drugs (DUID) In New Jersey
Driving under the influence of drugs (DUID) is treated by the New Jersey criminal justice system as comparable, but not identical, to driving while intoxicated (DWI).
Unlike DWI, there is no limit like there is with DWI. For example, if a driver has a .08 blood alcohol content level, the driver is presumed to have driven while drunk. With a DUID case, the test is whether having any narcotic, habit-producing, or hallucinogenic drug in a driver’s system renders the driver incapable of operating his/her vehicle safely. The impairment of a DUID driver is typically determined by the testimony of the police officer, making a careful cross-examination of the officer a key part of defending DUID charges.
A driver who operates a vehicle while drugged will face the same penalties if convicted as a drunk driver. A DUID conviction will be considered a prior offense if the driver is subsequently arrested for driving while intoxicated.
As with intoxicated drivers, our New Jersey DWI and DUI lawyers explain that a driver suspected of driving under the influence of drugs will be asked to undergo a field sobriety test or a drug evaluation test (an examination of the driver’s pupils, blood pressure, and pulse rate). If the officer still suspects drug involvement, the driver will be asked to undergo a blood or urine test. Blood and urine tests often can be challenged for being unreliable and flawed because different drugs interact with the body differently.
Drivers who are arrested for DUID are not required to submit to a chemical drug test, and their refusal cannot be used against them. Commercial drivers who refuse a drug test can be fined. This is a key difference from the implied consent rule for drunk driving, where a refusal can be introduced in court, and the driver risks losing his/her license and paying fines for not taking a chemical alcohol test.
Anyone convicted of a DUID will be subject to some or all of the following types of penalties:
- Up to 30 days in jail. Jail time increases drastically with subsequent offenses in 10 years.
- Mandatory fines, surcharges, and fees for a first-time offense:
- A $300-$500 fine
- $505 for an IRDC (Intoxicated Driver Resource Center) fee, a drunk driving fund fee, an AERF (Alcohol Education and Rehabilitation Fund) charge, and a Neighborhood Services Fund fee
- $1000 (for three years) in surcharges
- 12-48 hours at an IRDC
The costs increase significantly if there are future convictions
- Driver’s license suspension. Three months for a first offense and more time for subsequent offenses. The time escalates for new crimes. A third offense committed within 10 years of a second offense results in a 10-year loss of license.
- The requirement is that an ignition interlock device is used when the operator is allowed to drive again.
- Community service.
A driving while possessing drugs (which is different than driving under the influence of drugs) offense means losing your license for 2 years and a minimum $50 fine.
In addition, driving while intoxicated or under the influence of drugs can mean points on your driving record if you were also convicted of underlying traffic offenses. For example, if the drunk or drugged driver fails to stop at a traffic signal, the driver will get two (2) points. The full schedule of points can be viewed here: New Jersey Traffic Tickets and Points.
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 Useful Tips & Issues
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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.
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