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DUI

New Jersey DUI Lawyer

Drunk driving or driving under the influence (DUI) is a serious criminal offense with the potential for severe penalties in New Jersey. Drivers who are found to be impaired by drugs or alcohol may face a suspension or a revocation of their drivers’ license, substantial monetary fines, and possible jail time.

If you or someone you know is facing a DUI charge, it is understandable that you may experience fear and frustration, and above all, confusion as to what to do next.

It is important to understand your legal situation, and an experienced DUI lawyer can help you by explaining your rights, and giving you the best chance to defend yourself.

Legal Standards for DUI in New Jersey

In New Jersey, penalties for DUI depend on:

Age
Prior DUI offenses
Whether the driver submitted to a chemical test
Type of driver's license (a regular passenger license or a special license such as a commercial license)

New Jersey determines whether an individual is impaired based on their age and blood alcohol content (BAC), and the type of vehicle being driven.

Drivers found to be impaired will be charged with DUI in the following circumstances:

Under 21 years old with a BAC of 0.01 percent
21 or over with a BAC of 0.08 percent
Drivers operating a commercial motor vehicle with a BAC of 0.04 percent

Driving under the influence of drugs is also a crime in New Jersey. There is no standardized drug test in New Jersey, impairment due to drugs is determined on a case-by-case basis.

A conviction for driving under the influence of drugs is considered as a prior offense when it comes to calculating punishment, whether future offenses are due to alcohol or drugs.

Penalties for Driving While Impaired

Consulting a lawyer can help people fully understand the consequences of a DUI conviction. The severity of the penalty depends on the number of similar offenses an individual has been convicted of in the past.

A first-time offender may be fined between $250 - $400, receive a license suspension of a minimum of three months, and up to thirty days in jail, plus insurance surcharges.

If the first offense is driving with a BAC of 0.1 percent or higher, the amount of the fine will be $300-$500, and suspension of a driver’s license for seven to 12 months.

Multiple Offenses

Each subsequent conviction for DUI increases the amount and duration of these penalties.

It is important to know that the same is true for refusing a breath test when you have multiple offenses, thanks to New Jersey’s implied consent law. For the first offense, a driver who refuses to take a BAC test may lose their license until they have an ignition interlock installed, pay a $300-$500 fine, and spend two six-hour periods over two consecutive days in an Intoxicated Driver Resource Center.

For the second offense, this refusal can lead to a $500-$1,000 fine, a 1-2 year license suspension, installation of an ignition interlock, and 48 hours of detainment in an Intoxicated Driver Resource Center.

For the third offense, this refusal can lead to a $1,000 fine and an 8 year license suspension following the installation of an ignition interlock device.

The BAC Tier System for First Offenses

It is true that New Jersey has a zero tolerance policy when it comes to underage drinking and driving. But if you’re of legal age, the potential penalties you face when charged with a DUI depend on your BAC.

If your BAC is at or above .08%, but under .10%, the penalties are:

Vehicle insurance surcharges of $1,000 per year for 3 years
Minimum 12 hours in an alcohol education program
Up to 30 days in jail
A fine of $250 to $400
Loss of driver’s license until installation of ignition interlock
Interlock required for a period of 3 months

If your BAC is at or above .10%, but under .15%, or if you allow another person in this range to operate a motor vehicle, the penalties are:

Vehicle insurance surcharges of $1,000 per year for 3 years
Minimum 12 hours in an alcohol education program
Up to 30 days in jail
A fine of $300 - $500
Loss of driver’s license until installation of ignition interlock
Interlock required for a period of 7 to 12 months

If your BAC is at or above .15%, the penalties further increase to add:

Driver’s license suspension of 4 to 6 months and installation of ignition interlock
Interlock also required for a period of 9 to 15 months after your license is restored

Consult an Experienced New Jersey DWI Attorney

Being charged with a DWI offense in New Jersey can result in severe penalties. With so much potentially at stake, you should consult an aggressive and experienced DWI attorney who can mount a strong defense that is tailored to your circumstances. Call Criminal Defense Attorney John B. Fabriele, III at (732) 246-0888 to start discussing your defense.

A conviction for driving under the influence of drugs or alcohol is a serious matter, and New Jersey has some of the nation’s toughest DUI laws.

If you are a first-time offender, or if you are facing a second, third, or fourth charge, do not try to handle it on your own.

You need someone by your side who has represented people in your situation, who has experience dealing with the New Jersey court system, and who will help you protect your rights. Contact a qualified New Jersey DUI lawyer today.