The Kugel Law Firm

Discussing DUI Laws in New Jersey

New Jersey is one of the harshest states for DUI charges. Although a DUI is technically a quasi-criminal offense, convictions can have severe and long-term consequences.

If you get arrested for drunk driving in New Jersey, it’s important to find the right legal team to help you build a solid defense. Having the right DUI lawyer New Jersey could even mean getting your case dismissed.

Underage Drinking
Underage drinking is considered a serious offense in New Jersey. While some people think of it as a rite of passage during the transition from childhood to adulthood, for many young people it can have life-altering consequences that include traffic accidents, physical injuries, and long-term effects like alcohol dependency.

New Jersey law prohibits parents and other adults over the age of 21 from serving or supplying minors with alcohol in their private homes. These adults can also face liability for underage drinking if they knew that underage drinking was occurring and failed to take steps to prevent it.

However, there are some exceptions to this rule. Underage individuals may possess and drink alcohol if they are working for a hotel or restaurant where the handling of alcohol is part of their job duties, they call 911 to summon medical assistance for someone in need because of their alcohol consumption, and all three parties give their names to police officers and cooperate with emergency personnel.

Permitting a DWI
Governor Murphy’s updates to DUI penalties in 2019 removed lengthy license suspensions for first offenders with a BAC below the legal limit, allowing them to drive as long as they install an ignition interlock device in their vehicle. This new policy makes it possible for individuals to continue driving to work and supporting their families while undergoing treatment for alcohol or drug addictions.

However, these changes are not without consequences. The penalty for a DWI conviction in New Jersey is serious and can affect employment opportunities, freedom, and even housing options. In addition, a DUI conviction can significantly increase the cost of auto insurance.

It is also important to know that prosecutors are not allowed to negotiate in DWI cases, so the penalties you face cannot be lessened. If you have been charged with a DWI, you need to speak with an experienced DUI lawyer New Jersey immediately. A good defense can help you avoid these penalties.

Ignition Interlock Devices
Ignition interlock devices are in-car breathalyzers that require a driver to blow into them before the car will start, and at random intervals while driving. If the device registers alcohol, it will prevent the car from starting and will log a “fail” in its memory.

Governor Phil Murphy recently enacted new legislation that greatly affects DUI consequences in New Jersey. The updated regulations separate first-time offenders into categories based on their blood alcohol content, with varying BAC levels carrying different consequences, including the requirement to install an ignition interlock device, and in some cases, license suspension.

Lawmakers realized that lengthy suspensions leave drunk drivers, including first-time offenders, without a means to get to work and to support themselves and their families. They found that ignition interlock devices are more effective at preventing drunk driving and giving convicted offenders the opportunity to work, pay their surcharges and fines, and take care of necessary day-to-day obligations.

Punishment
Regardless of the circumstances, a DUI conviction can lead to serious consequences. The penalties vary depending on your BAC level, the severity of the accident, and your prior convictions.

A driver who is arrested in New Jersey will be required to undergo a chemical test. Typically, this is a breath test administered at the police station using a Draeger Alcotest machine. Alternatively, the police officer may request a blood or urine sample from you.

The state’s implied consent laws require all drivers to submit to a breath test to measure their blood alcohol concentration (BAC). If you refuse, your license will be suspended. A refusal can also result in other punishments that are separate from those for a DUI conviction, such as the requirement to install an ignition interlock device on your car. The device requires you to blow into it before starting the car. A person who tampers with an interlock device can be charged with a disorderly persons offense.

Hiring an Experienced New Jersey DUI Lawyer

New Jersey has some of the strictest DUI laws in the country. A conviction can result in jail time, license suspension and lasting financial consequences.

A qualified DUI lawyer New Jersey can help you avoid these consequences. Choosing an experienced lawyer is worth the investment, despite the upfront costs. Credentials to look for include: training in administering Standardized Field Sobriety Tests; understanding the nuances of breath, blood and urine testing.

Experience
When you are charged with a DUI in New Jersey, it can have a profound impact on your personal and professional life. It’s crucial that you hire serious legal representation.

You’ll need a DUI lawyer New Jersey who understands the science behind DUI cases. Your DUI lawyer New Jersey should also be able to recognize any errors in police procedure from your arrest and field sobriety tests.

If you’re arrested on suspicion of DUI in New Jersey, the police must ask to administer a breath test or Alcotest (breathalyzer). Refusing this test can result in an additional charge for implied consent violation and will increase your fines and insurance surcharges.

An experienced New Jersey DUI lawyer will have the ability to challenge these types of evidence. They’ll know how to spot problems with the chain of custody for blood samples, and they’ll be able to show how improper handling could affect the results. They’ll also understand how to argue the specific facts of your case in court.

Expertise
Driving under the influence of drugs or alcohol can have serious consequences in New Jersey. In New Jersey, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. A person can also be charged with DUI if they are under the influence of certain other types of substances that affect mental alertness, such as prescription medications or hallucinogenic drugs.

A good New Jersey DUI attorney knows the state’s laws and can defend against a DUI charge effectively. They can argue that the arresting officer did not have probable cause to pull you over or that the testing equipment was improperly calibrated. They can also challenge the accuracy of the field sobriety or breath tests used to determine intoxication.

A seasoned New Jersey DUI lawyer can help you avoid jail time, fines, license suspension, employment challenges, and other penalties. They can also help you get into PTI, a treatment program that can lead to a dismissal of your DUI charges.

Affordability
A DUI conviction is costly, and not just in the courtroom. A first-time offender faces thousands of dollars in fines, fees, and assessments, plus the costs of attending an IDRC program. They may also have to install an ignition interlock device for a substantial amount of time, and may lose their driving privileges altogether.

A seasoned New Jersey DUI attorney can help minimize these expenses. They may charge an hourly rate, or a flat fee, depending on the circumstances of the case.

Moreover, a lawyer can also help save you money by challenging the evidence presented against you in your case. If they can prove that law enforcement officers violated your rights in collecting and presenting evidence, or if prosecutors improperly handled the case, they could get your charges dismissed. This can help you avoid a jail sentence and the significant financial penalties that come with a conviction. Having an experienced DUI attorney can be the best investment you make in your legal defense.

Reputation
A good New Jersey DUI attorney must have a solid reputation for defending their clients against DUI charges. Their reputation should be based on a track record of successfully battling DUI cases and winning verdicts for their clients. They should also be well respected for the quality of their work and their professional ethics.

In New Jersey, DUI is a criminal charge that can have devastating consequences for your personal and professional life. Convictions result in hundreds of dollars in fines, jail time and the requirement to install an ignition interlock device in your car. They can also cause your car insurance rates to skyrocket.

New Jersey law does not allow prosecutors to downgrade DUI charges through plea bargains. This means that a skilled New Jersey DUI lawyer must be familiar with all of the possible legal avenues to get your case dismissed or reduced in penalties. This includes analyzing the full details of your arrest for evidence that may be suppressed, such as a lack of probable cause to stop you or issues with the administration of field sobriety tests like the one-leg stand, walk-and-turn and horizontal gaze nystagmus.