DUI Lawyer
First DUI Offense In NJ
N.J.S.A. 39:4-50
Being charged with driving under the influence (DUI) or driving while intoxicated (DWI) is a serious charge and should not be taken lightly. A DUI lawyer who handles these cases knows where to start and what to look for. No one should be pleading guilty to a DUI without first knowing that every stone was turned.
The only scientific way to determine whether or not a driver is under the influence of alcohol is through blood alcohol concentration (BAC). The police will administer a breath test known as the Alcotest to determine a person’s BAC level. In New Jersey, an adult with a BAC level of 0.08% or more who is caught operating a motor vehicle or a boat is considered to be driving under the influence. Similarly, a BAC level of 0.01% or more applies for an underage (21) driver caught operating a motor vehicle or boat.
The only scientific way to determine whether or not a driver is under the influence of alcohol is through blood alcohol concentration (BAC). The police will administer a breath test known as the Alcotest to determine a person’s BAC level. In New Jersey, an adult with a BAC level of 0.08% or more who is caught operating a motor vehicle or a boat is considered to be driving under the influence. Similarly, a BAC level of 0.01% or more applies for an underage (21) driver caught operating a motor vehicle or boat.
FOR ALL DUI CHARGES AFTER DECEMBER 1, 2019
Mandatory Fines and Penalties for First Time DUI Offenders
BAC Greater than 0.08% but less than 0.10%
- Fine $250-400
- Jail up to 30 days
- Driver's license forfeiture until ignition interlock device installed
- Ignition interlock required for 3 months
- Minimum 6 hours a day for 2 consecutive days of alcohol classes at IDRC
- Auto insurance surcharge of $1,000 for 3 years
- $100 surcharge to Drunk Driving Enforcement Fund
- $100 restoration fee due to Motor Vehicle Commission
- $100 program fee to IDRC
- $50 Violent Crimes Compensation Fund
- $75 Safe and Secure Community Program fee
BAC of 0.10% or Greater
- Fine $300-500
- Jail up to 30 days
- Driver's license forfeiture until ignition interlock device installed
- Ignition Interlock required for 7 months - 1 year
- Minimum 6 hours a day for 2 consecutive days of alcohol classes at IDRC
- Auto insurance surcharge of $1,000 for 3 years
- $100 surcharge to Drunk Driving Enforcement Fund
- $100 restoration fee due to Motor Vehicle Commission
- $100 program fee to IDRC
- $50 Violent Crimes Compensation Fund
- $75 Safe and Secure Community Program fee
BAC 0.15% or GREATER
- Must install ignition interlock on one vehicle you principally operate during license suspension period of 4-6 months and for a period of 9-15 months after your driver's license is restored
FOR ALL DUI CHARGES PRIOR TO DECEMBER 1, 2019:
Mandatory Fines and Penalties for First Time DUI Offenders
BAC Greater than 0.08% but less than 0.10%
License Loss
3 months |
Fines/Surcharges
1. $250-$400 fine 2. $230 IDRC fee 3. $100 drunk driving fund 4. $100 to Alcohol Education and Rehab fund 5. $1,000 year for 3 years surcharge 6. $75 Safe Neighborhood fund |
Jail
up to 30 days |
Community Service/IDRC
12-48 hours of IDRC |
Interlock Device
none |
BAC of 0.10% or Greater
License Loss
7 months - 1 year |
Fines/Surcharges
1. $300-$500 fine 2. $230 IDRC fee 3. $100 drunk driving fund 4. $100 to Alcohol Education and Rehab fund 5. $1,000 year for 3 years surcharge 6. $75 Safe Neighborhood fund |
Jail
up to 30 days |
Community Service/IDRC
12-48 hours of IDRC |
Interlock Device
If BAC 0.15% or greater, ignition interlock device during license suspension and 6 months - 1 year following restoration |
Long Term Effects of DUI
Being found guilty of a DUI has lasting affects that continue for 3 years after the conviction. Your decision to drive was quick. Sometimes even the stop and testing by the police are quick. However, even after concluding your period of license suspension, you are still paying the Motor Vehicle Commission a surcharge of $1000 for three years. If you do not pay the surcharge or are unable to pay it, the Motor Vehicle Commission can suspend your driver's license indefinitely until it is paid. If that is not bad enough, Motor Vehicles can then ask the Superior Court for a lien against your property to pay the surcharges and even garnish your wages.
A DUI LAWYER SHOULD FIGHT FOR YOUR RIGHTS
ROBERT W. RUBINSTEIN IS A
FORMER LAWRENCE TOWNSHIP MUNICIPAL PROSECUTOR
You need an attorney on your side that will do everything possible to get you the best result. You have the right to an attorney and a hearing in municipal court. When you retain our firm to represent you, we will sit down with you and listen to what happened. We will ask you many questions to determine if you have been wrongfully charged or illegally stopped. We will obtain discovery in your matter and review it for possible ways to suppress any of the evidence against you. We will review the procedures followed by the police when administering the alcotest to make sure the police followed the correct protocol. Finally, we will explain to you the process and the potential penalties.
When hiring an attorney to represent you, it is important to make sure that the attorney is experienced in handling your type of matter and frequently appears in your specific court.
When hiring an attorney to represent you, it is important to make sure that the attorney is experienced in handling your type of matter and frequently appears in your specific court.
Robert W. Rubinstein, Esquire is a former Lawrence Township Municipal Prosecutor and will fight for your rights.
IF YOU HAVE BEEN CHARGED WITH A DUI OFFENSE, CONTACT
THE RUBINSTEIN LAW FIRM, L.L.C. FOR A FREE CONSULTATION AT 609-392-7600
IF YOU HAVE BEEN CHARGED WITH A DUI OFFENSE, CONTACT
THE RUBINSTEIN LAW FIRM, L.L.C. FOR A FREE CONSULTATION AT 609-392-7600
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.
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.