New Jersey DUI Lawyers
Being pulled over and arrested for DUI can be extremely stressful and frightening, no matter what the circumstances are. The laws in New Jersey pose extremely harsh penalties for individuals who are convicted of DUI. If you have been arrested or charged with any type of DUI offense, our Law Offices of Jeffrey S. Hasson, P.C. can offer you aggressive representation. And if you were injured in a drunk driving accident, make sure to seek guidance from a skilled car accident lawyer in New Jersey.
DUI/Drunk Driving Laws in New Jersey
Driving under the influence is illegal in New Jersey, just as it is in all 50 states. New Jersey Statutes Annotated 39:4-50(a)prohibits operating a motor vehicle or permitting someone else to operate a motor vehicle while under the influence of intoxicating liquor, narcotic or habit-producing drug, or with a blood alcohol concentration (BAC) level at or above 0.08 percent.
Under this law, if a breathalyzer test returns a result showing that a driver has a BAC over the legal limit, this can be enough to prove drunk driving and result in a DUI. However, even with a legal BAC, an individual could be arrested for DUI if a police officer believes the driver to be impaired by a substance.
Possible Consequences for DUI Convictions
The state of New Jersey has certain laws in place which regulate how DUI crimes are penalized. Depending on the nature of the offense, you could be facing a wide range of criminal and civil penalties. It is important that you do not speak with law enforcement or answer any questions until your New Jersey DUI attorney is present.
The penalties you could face include:
- 1st offense: Fines up to $500, attendance at an IDRC (Intoxicated Driving Resource Center), jail time of up to 30 days, and driver’s license suspension of up to 1 year.
- 2nd offense: Fines up to $1,000, attendance at the IDRC, jail time up to 90 days, driver’s license suspension of up to 2 years, an ignition interlock device, and community service for 30 days.
- 3rd offense: Fines up to $1,000, attendance at the IDRC, jail time of up to 180 days, driver’s license suspension of up to 10 years, and an ignition interlock device.
Aggravating circumstances can enhance these penalties. If the case involves a car accident, bodily injuries, an extremely high BAC or a child under the age of 15 in the vehicle at the time, these factors could all lead to greater fines and jail time.
Field Sobriety Testing in New Jersey
Unlike a breath test, drivers in New Jersey are not legally required to comply with a request to take a field sobriety test. This test attempts to gauge a driver’s level of intoxication based on the driver’s ability to complete tasks as directed by the police officer, rather than breath or chemical testing.
There are three accepted types of field sobriety tests in New Jersey:
- One-leg stand
- Walk-and-turn
- Horizontal gaze nystagmus
The results of a field sobriety test can likely be argued by your DUI defense attorney, as these tests have a reputation for being inaccurate and subjective. Many things outside of intoxication could influence a field sobriety test, such as an injury, medical condition or nerves.
Breath Test Refusal and Its Consequences
New Jersey’s Implied Consent Statute states that all licensed motor vehicle drivers give their implied consent to submit to chemical breath tests to determine blood alcohol content. If a law enforcement officer requests a driver to submit to a BAC test, the driver must do so or face automatic penalties.
Refusing to take a breath test can result in a fine of $300 to $500, plus driver’s license suspension for seven months to one year. If the refusal occurs while the driver is operating in a school zone, the penalties are enhanced to a fine of up to $1,000 and driver’s license suspension for one to two years. All penalties are increased for second and subsequent offenses.
What Happens After a DUI/DWI Arrest?
After an arrest for DUI or DWI in New Jersey, you can expect to be taken to the closest police station for booking. This typically involves fingerprinting and taking your photograph. Your vehicle may be towed if no one is available to drive it away from the scene. Your driver’s license will be immediately suspended, though you may be issued a temporary driving permit.
Most people who are arrested for DUI in New Jersey have to spend the night in jail. However, the jail term will depend on the circumstances. You will be given the chance to make a phone call, which you should use to contact a DUI defense attorney. Finally, you will be given a court date for your first hearing.
Hire a New Jersey DUI Lawyer You Can Trust
Any type of DUI charge, even a first-offense or one which seems minor, can lead to serious penalties. If you have a prior conviction of DUI on your record or the incident involved an accident or injury, you could be facing steeper consequences. It is vital that you act immediately to retain legal New Jersey criminal defense representation.
Our legal team understands the amount of stress that can come along with DUI charges and we are committed to protecting your rights and future. You can rely on us to provide you with the highest quality, aggressive representation you deserve.
Please call our firm today at (201) 928-0300 to learn how our New Jersey DUI attorneys can assist you. Our experienced New Jersey DUI lawyers offer defense services to the entire state of New Jersey.