One of my primary practice areas is defending individuals against charges of Driving Under the Influence/Driving While Impaired (DUI/DWI) in the New Jersey Municipal Courts. A conviction for DUI in New Jersey carries serious fines and penalties along with the possibility of jail time. DUI convictions also can strain family relations and affect one’s ability to make a living. A DUI charge is not something you should attempt to defend on your own. This is a complex area of the law that requires the knowledge and experience of a skilled attorney.
After reviewing your case, I provide a detailed analysis of your case so you will fully understand each and every element of the charges against you. Before you make any decisions about your case you will understand all potential defenses and the likely success of each one.
You can be charged with DUI for being under the influence of alcohol or legal and illegal substances. You will be given a breath test using an Alcotest machine. If you are over the age of 21 and your blood alcohol level is at or over 0.08% that is what is called a per se violation and you can be considered legally impaired without any other evidence.
Conviction of a first offense can result in a loss of driving privileges for up to one year, fines and assessments of over $ 1000.00, the possible requirement of an interlock system when you regain your license and additional motor vehicle and insurance surcharges.
The penalties are more severe for a second conviction.
A third conviction will result in a jail term of 6 months, a 10 year loss of driving privileges and higher fines.
The DUI statute is fairly broad in what constitutes being under the influence. Generally speaking, it states that operating a motor vehicle under the influence of a substance that results in the impairment of your ability to safely operate your vehicle will constitute the element of “under the influence.”
Refusing to Submit to a Breath Test
Anyone who operates a motor vehicle in the state of New Jersey must give a sample of his or her breath if there are reasonable grounds to believe that a person was operating a motor vehicle while impaired. If you refuse to give a sample of your breath or, if the police are unable to obtain a sample in what they determine is a reasonable time, usually in three (3) tries, you can be charged with refusal. The penalties for refusal mirror those for the underlying DUI.
Commercial Drivers Arrested for DUI
The penalties for a DUI conviction are even more severe for commercial drivers than they are for regular drivers.
Juvenile / Minor DUI
In New Jersey the blood alcohol limit for a driver under 21 years of age is between 0.01% and 0.08%. The penalties can be more severe than for an adult depending on the circumstances and may prevent or delay a young driver from obtaining an adult license.
DUI Work License One of the most common questions I receive is whether someone can obtain a work license from New Jersey to drive to work after being convicted for DUI. The answer unfortunately in New Jersey is No. Unlike many other states New Jersey does not allow those convicted of DUI to continue to drive to and from work during the period of mandatory license suspension. There may be a change to this law as it is being discussed in the Legislature. However there is no temporary license at this time.