The DUI process may begin the moment you are pulled over after drinking alcohol or abusing drugs, but that does not mean you will always be punished.

DUI defenses can effectively prove innocence, or limit the penalties. New Jersey uses the same basic system for pulling you over, charging you with DUI, and punishing you that all states use, but there are some key differences. Foremost are the penalties involved, where each state can be different. What stays the same is the BAC (blood alcohol content) you are tested at; if you have a .08% BAC or higher, you can be charged with a DUI nationwide.

What penalties are we talking about? You can expect fines, license suspension, to have your car equipped with an ignition interlock system, jail time, and sometimes community service.

Why You’re Pulled Over
New Jersey police officers have a basic system for pulling you over. First and foremost is your driving; instead of trying to see if you look intoxicated, officers base their initial decisions on your driving. On the other hand, you may get pulled over for a simple violation, but, upon being found to be intoxicated, can be charged. Officers look at how you’re driving, not always if you’re breaking minor laws such as with a speeding infraction. If you pass in and out of lanes, if you come to rolling stops, if you speed through a yellow light, these can be overlooked but sometimes can lead to your being pulled over.

First Time Offenders
New Jersey laws punish you severely for drinking and driving. You will be charged more severely if you have a BAC of .10% or greater.

You may face license suspension, where for a first DUI you can lose your license for 7 months to one year. You are then forced to pay various fees which can really add up, including some fines unique to New Jersey, such as the $75 Neighborhood services fund and others ranging from hundreds of dollars to over $1,000. You can expect up to 30 days in jail. You may also be forced into community service. Finally, when your license suspension is over, you may have an ignition interlock device put on your car, which ensures you have no alcohol in your system upon driving.

If you have a BAC of .08% to .10%, the penalties are less.

Multiple Offenders
Multiple offenders face the maximum New Jersey DUI penalties. You can expect longer jail time, more fines, a much longer license suspension, and other penalties taken further. If you’re pulled over for one DUI, then another within 10 years time, you can be punished as a repeat offender. You also risk being charged with a felony and facing extended jail time.

New Jersey DUI Defense
Simply getting charged with a DUI can be a life changing event, but it’s important to know you still have a right to a defense. You need an experienced New Jersey DUI lawyer who can defend you in court. There are many cases where defendants win in trial based on the validity of the DUI tests, the actions of the officer, and the knowledge of a DUI lawyer. Since breath tests can be called into question, since officers do not always act correctly, your lawyer has a chance to defend you. Instead of pleading guilty, consider that you can at the least get the minimum penalties, and sometimes even be found innocent.

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Summer has come to an end in Jersey City.  Temperatures have started to drop and soon the leaves will fall.  Students are back in class and Friday nights are filled with teams and touchdowns.  But even as the seasons change one thing will remain the same on the highways and byways of New Jersey, and that is the dedication that local law enforcement agencies feel toward their goal of eliminating drunk driving in their area.

Drunk driving is a serious crime in New Jersey, and the penalties for a DWI conviction have been steadily increasing in severity for the past several years.  If you have been arrested for a drunk driving offense in the Jersey City area, the worst thing you can do is to doubt the serious nature of the situation you are in.  You need to take immediate action to ensure the best outcome in your case.  The legal procedures involved in a DWI defense are complex and can be overwhelming for those without extensive legal training.  Your best response is to secure the services of an experienced DWI attorney as soon as possible.  Because these legal professionals specialize in cases just like yours they will be able to quickly evaluate your case and recommend the course of action that is right for you.

A driver can be charged with DWI in the state of New Jersey if their blood alcohol concentration (BAC) is .08% or greater or if they exhibit signs of intoxication as a result of the use of alcohol or drugs.  A driver’s BAC is determined based on a chemical test of their blood or breath.  At the time of your arrest, this sample was requested from you.

If you did not comply and provide the sample as requested, your license will be suspended for at least 7 months.  This is based on the laws of implied consent that are on the books in New Jersey.  These laws state that based on a driver’s choice to drive in the state of New Jersey, they have already agreed to submit to a chemical test whenever it is requested.  A license suspension for a driver’s refusal to submit to a chemical test is completely separate from a license suspension in the case of a DWI conviction.

A DWI is neither a misdemeanor nor a felony.  Instead, it is considered a traffic offense and as such this crime does not qualify for a jury trial.  If you are convicted of a DWI in New Jersey, the penalties that are assigned will be determined based on your BAC at the time of the arrest and whether drugs were involved in your case.  Drivers with a BAC of between .08 and .10% can expect fines of up to $400, a license suspension of 3 months and jail time of up to 30 days.  If the driver’s BAC was .10 or greater or if drugs were involved, all of the same penalties will apply but the fines will increase to a maximum of $500 and the length of license suspension will increase to a maximum of 12 months.

All of the penalties for a DWI conviction will have a long-term impact on both the driver and their family.  This is not a situation you should handle alone.  Take action now to ensure that your rights are protected by contacting a qualified DWI lawyer.

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