New Jersey Drunk Driving Lawyer

Are you facing drunk driving charges?

It is not per se illegal to drive a motor vehicle after consuming alcohol. It is illegal to do so when the driver is "under the influence" of alcohol or a narcotic, hallucinogenic or habit-producing drug. It is also illegal to operate a motor vehicle with a blood alcohol concentration above the legal limit, regardless of whether the driver is demonstrably impaired. If you have been arrested for drunk driving, contact a New Jersey DWI lawyer for informed legal counsel and trusted representation.

The notion of being under the influence is not precisely defined in the law. It can generally be said that it is a condition in which it would be improper to operate a motor vehicle because of mental or physical impairment brought on by consuming one or more of the above named substances. Impairment involves a substantial deterioration of the mental faculties or physical capabilities of the driver. The state can attempt to prove drunk driving, or Driving Under the Influence in violation of N. J. S. A. 39:4-50, (DUI) also known as Driving While Intoxicated, (DWI) through various means. It may do so through testimony from one or more police officers; by showing video tape of the vehicle being driven by the defendant or of his or her demeanor and conduct at the roadside or while at headquarters; through evidence of the defendant's performance in field sobriety tests; by introducing the results of an Alcotest breath test or from a blood or urine test; or through a combination of one or more of these methods.

Drunk driving carries very severe penalties in New Jersey. They include the mandatory loss of driving privileges ranging from a minimum of three months for a first offense to up to ten years if there have been prior DUI convictions. In addition to substantial fines and penalties, a$3,000 surcharge will be imposed and nine insurance eligibility points will be assessed. A DUI conviction also requires attendance for a minimum of two days at an approved Intoxicated Driver Resource Center. A jail sentence may also be imposed, which may be 30 days, or up to a mandatory term of not less than 180 days if there have been previous DUI convictions. A conviction can also require the installation in the driver's vehicle after the expiration of the license suspension of an ignition interlock device for a period of from six months to up to three years, depending on the circumstances. The license suspension and monetary penalties are increased if the offense occurred in a school zone.

The penalties in New Jersey for DUI are especially severe since, unlike some other states, there is no provision under New Jersey law for the issuance of a restricted license or "work license" allowing a driver with a suspended license to drive for limited purposes. Therefore, a DUI conviction means the driver cannot drive in New Jersey for any reason until the suspension period has expired and his or her license has been reinstated.

Defending DWI Charges

The field of DUI law is complex and fast changing. Whether a person charged can be successfully prosecuted depends upon many factors. In every case the state must prove that the person charged "operated" a motor vehicle, and did so at a time when, because of ingestion of alcohol or another substance covered by the statute, they were impaired and doing so was improper, or that their blood alcohol concentration at the time exceeded the legal limit. If the state intends to use the results of an Alcotest breath test, blood test, or urine test, then it bears the burden of showing that that evidence is admissible at trail. Consequently, the protection of a driver's rights requires a thorough analysis of the facts surrounding the interaction between the police and the driver, a careful evaluation of any field sobriety tests administered to the defendant by the police, as well as an examination of all of the technical documents relating to any breath, urine, or blood test given to the defendant. While the facts and issues can vary greatly from case to case, the following listing highlights a few of the many considerations that could affect the outcome in a DUI case. (They are provided as examples only and are not exhaustive, nor are they intended to suggest a likely outcome in a particular case.)

If the person charged was pulled over by the police, what were the circumstances leading up to the driver being stopped, and was it lawful for the police officer to stop the driver? For example, if the driver was charged with offenses like: speeding, careless driving, reckless driving, failure to maintain lane, failure to signal, improper passing, failure to signal, leaving the scene of an accident, or tailgating; did the police have sufficient reason to stop the driver?
If the person charged with DUI was not driving when they encountered the police, does the evidence show that he or she was "operating" the motor vehicle when they were allegedly impaired by alcohol, as the law defines operating?
After the police first approached the person charged, did the officer have adequate reason to detain and evaluate the driver before the arrest?
Did the officer administer field sobriety tests before the arrest? If not, what impact would that have on the arrest? If field sobriety tests were administered, were they scientifically reliable tests, and were they administered and evaluated properly?
Was the motor vehicle stop and the events at the roadside videotaped? If so, does the tape disclose useful evidence?
Would expert testimony concerning the police officer's evaluation of the defendant at the roadside before the arrest be helpful in defending the case?
What means did the police use to test the driver's blood alcohol concentration after the arrest? Would those test results be admissible at a trial?
If a breath test was administered, was the testing done within a reasonable period of time after the driver was arrested, and when, if at all, did the driver last operate the vehicle?
If an Alcotest breath test was administered, where was the driver held before the breath test, what occurred during that time, and did the police observed the driver during that period and for how long was he or she observed?
If an Alcotest breath test was administered, was the Alcotest unit in proper working order and had it been properly inspected and calibrated, and did a properly certified operator administer the test in the approved manner?
If an Alcotest breath test was administered, are the test results valid?
Were the events at headquarters including the administration of the Alcotest videotaped? If so, does the tape disclose useful evidence?
If an Alcotest breath test was administered, has the state met its obligation to provide the documents relating to the test and the data relating to the Alcotest unit used in the test, and the documents concerning the operator who performed the test; and if not, what impact will that have on the prosecution?
Could expert testimony analyzing data from the Alcotest unit help show whether the machine was operating properly, and whether the test results are reliable?
Would it be useful to bring a motion before trial to exclude evidence the state needs to prove the charge, and if so, what steps might be taken to improve the likelihood of success?
If there were one or more prior DUI convictions, were they based on guilty pleas, and if so, was the person represented by a lawyer at the time?
If there were one or more prior DUI conviction, for the purpose of enhancing the punishment for a new conviction, how much time has passed since the most recent prior DUI arrest?
Should there be a conviction, what steps might be taken to reduce the likelihood of a jail sentence or reduce the length of a jail term, particularly if there had been prior DUI convictions?

Our firm offers free consultation where your case will be reviewed and potential defense options will be explored. We provide seasoned representation in DWI cases throughout central New Jersey. The foregoing information is provided for general information purposes only and does not constitute legal advice, nor is it intended to suggest a likely outcome in a specific case. Because of space considerations many legal principals and factual considerations that may be important in your case have not been included in the above discussion. Only by consulting with an attorney can you get legal advice about your case.

Contact a New Jersey drunk driving lawyer for valuable legal advice and proven representation if you have been charged with drunk driving.