If you are facing a DUI charge in New Jersey, this is not the time to pick the DUI Attorneys New Jersey with the best ad in the phone book or the one with the slickest website. If you are convicted of driving under the influence (DUI), you could lose your job, go to jail, and be hit with crushing fines and auto insurance surcharges. If you’re going to have an attorney representing you, make sure it’s the right one by asking these three key questions.
1. How much experience do you have with DUI cases?
DUI cases are complex and require a great deal of legal knowledge. A good New Jersey DUI attorney has significant courtroom-tested legal experience in defending clients against drunk driving charges. In addition, a seasoned attorney will have a thorough understanding of the law and its many loopholes.
2. Can you tell me about your record of success in defending DUI clients?
Ask your prospective New Jersey DUI attorney about his or her record of success in defending DUI clients. This is important because you will want to have confidence that your DUI Attorneys New Jersey can successfully defend you.
A successful track record includes winning trials, reducing or eliminating the amount of jail time a client will have to serve and achieving a dismissal or reduction in the charges and penalties that are associated with a DUI conviction. Good DUI Attorneys New Jersey will also be able to provide you with references from other satisfied clients who can speak about his or her legal ability and reputation.
3. Can you explain the process by which evidence is gathered in DWI/DUI cases?
When it comes to defending DUI cases, it is critical that your attorney understands the process by which police officers gather evidence. Often, the type of evidence that can be challenged in a DUI case is not as obvious as challenging a person’s blood alcohol content reading. In some instances, the evidence may be gathered in violation of your constitutional rights such as failing to properly conduct a search of your car or having insufficient probable cause to stop you in the first place. Experienced DUI Attorneys New Jersey will be able to review the case facts and determine what evidence may need to be suppressed.
4. Can you tell me about any other legal avenues that can be used to get my charges reduced or dismissed?
The prosecution of a DWI case can be complicated because New Jersey law restricts downgrading or commuting charges through plea bargaining. You need DUI Attorneys New Jersey who knows how to navigate these complexities in order to achieve the most favorable outcome for your case.
5. What is the fee for handling my DUI case?
While some DUI Attorneys New Jersey offer flat fees for all DWI and DUI matters, others have different fee structures. The fee structure is a good indication of how experienced DUI Attorneys New Jersey is and the amount of work that will be involved in your case. It is always better to go with an attorney who has a track record of success in defending DUI cases than to risk having your case handled by a novice.
A conviction for a DUI can have long-lasting effects on your life and career. In addition to having your license suspended, you may have to pay fines and fees, attend drug or alcohol treatment programs, and spend time in jail, depending on the severity of your case. New Jersey’s DUI penalties increase for repeat offenders and are among the most stringent in the country.
If you have a DUI on your record, it can significantly affect your ability to get a job and find housing in the future. You will also have a hard time getting car insurance, as many insurance companies do not cover drunk drivers and others raise their premiums substantially. Those who have had a DUI in the past may even have their insurers drop them altogether.
The first offense penalty depends on your BAC at the time of arrest, which is the most significant factor in determining how harshly you will be punished. In general, New Jersey’s DUI laws prohibit operating a vehicle while under the influence of intoxicating liquors, narcotics, hallucinogens, or habit-producing drugs. This includes marijuana, which is a Schedule I substance under federal law but legal in some states. In order to be considered “under the influence” of a drug or intoxicating liquor, the substance must have affected your mental faculties or physical abilities.
To prove this, a law enforcement officer will examine your behavior and perform certain tests, including field sobriety tests. In some cases, an officer will also check your blood-alcohol content (BAC). While a BAC of 0.08% is the legal limit in New Jersey for most drivers, you can be arrested even if your BAC is lower than that. This is because a person can be found guilty of being under the influence by an officer who observes signs such as weaving in and out of lanes, driving too slowly or too quickly, swerving, and other similar behaviors.
In 2018, 125 people died in crashes involving drunk drivers in New Jersey, according to statistics kept by MADD. While some may argue that a BAC of 0.08% is not much of an impairment, the fact remains that even having one drink can lead to poor driving and put others at risk.
Last August, Governor Phil Murphy signed a new bill that changes some of the state’s drunk driving laws. The state recognized that lengthy suspensions do not have any deterrent effect and that the best way to fight drunk driving is by requiring offenders to install ignition interlock devices in their cars, allowing them to drive again once they have completed an IID period of several months to two years.
The bill also reduces the duration of the suspension for a first offense and allows judges to permit the revocation periods for both a test refusal and a conviction to run concurrently. It also increases the minimum jail sentence to 30 days and requires that offenders serve at least 48 hours in an Intoxicated Driver Resource Center (IDRC). In addition, convicted offenders will have to keep an IID on their vehicles for one to two years.