DUI: DRIVING UNDER THE INFLUENCE
You can't afford the risk
New Jersey DOES NOT allow plea bargaining for DUI charges. This is why being convicted of a DUI is a serious offense that needs to be faced head on from the very beginning. Clients always ask us, "If I can't plea bargain, what can an attorney do for me if I was charged with a DUI in New Jersey?" A great attorney will attack the stop from the very beginning. If the police did not have probable cause to pull you over, then anything they obtained from the stop will be thrown out of court. Without evidence showing that you were drunk and over the legal limit of 0.08% BAC, the Prosecutor can not win his case.
Additionally, we will look for flaws with how the police handled the field sobriety test and how the Alcotest (breath test or breathalyzer) was administered. No stone will be left unturned.
In New Jersey, a person who operates a motor vehicle with a BAC (blood alcohol content) of 0.08% or more is considered to be driving under the influence and will be charged with a DUI offense.
Being convicted of a DUI carries serious penalties including:
New Jersey DUI History:
In 1921, New Jersey made it a law that you could not operate a motor vehicle while drunk. This led to a number of offenders refusing to submit to a blood-alcohol test. As a result, in 1966, New Jersey enacted the Implied Consent Law, N.J.S.A. 39:4-50.2 and the Refusal Law, N.J.S.A. 39:4-50.4a. The Implied Consent Law declared that:
ALL motorists driving on any public roadway are deemed to have given consent to a breath test.
If you refused, you faced a loss of license as punishment. Both laws were designed to encourage those arrested for drunk driving to submit to a breath sample and enable the police to obtain objective scientific evidence of intoxication. Because the refusal statute's penalties were insufficient to achieve those goals, the Legislature increased the penalties in 1977. Since there were now tougher penalties to face, the Legislature wanted to make sure individuals knew the penalties before they refused. As a result, a new requirement for police officers was added to the Implied Consent Law to require that the police "inform the person being arrested of the consequences of refusal" by reading a standard statement to the person under arrest.
What Is the Difference Between DUI, DWI and OWI?
DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated. OWI stands for Operating While Impaired. All three are similar and involve someone driving a car (any motor vehicle) after they drank alcohol or taken drugs and while alcohol or drugs are in their system.
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"I got arrested for a DUI in New Jersey, now what?"
Call our office at 609-392-7600 to discuss your case NOW. We are experienced with DUI matters and will fight tooth and nail for your rights. We continually go to Municipal Court to fight for individuals just like you who have been charged with a DUI in New Jersey. We are very successful for a reason!
We handle DUI charges in Mercer County, Middlesex County, and Burlington County. Municipal Courts in those counties include:
Mercer County: Hamilton, Trenton, Ewing, Lawrence, Pennington, East Windsor, West Windsor, Hopewell, Princeton Township, Princeton Borough, Hightstown, and Robbinsville.
Middlesex County: Plainsboro, Cranbury, East Brunswick, South Brunswick, and Sayreville.
Burlington County: Bordentown, Burlington City, Burlington Township, Moorestown, Mount Laurel, Willingboro, Mt. Holly, Florence, and Pemberton.