Driving while intoxicated and driving under the influence are serious charges that can carry harsh consequences in New Jersey. DUI / DWI cases can be fought and won, but only with expert legal help. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the experience needed to effectively fight a drinking and driving charge anywhere in New Jersey. During a free consultation, a knowledgeable defense lawyer can explain exactly how each driver’s DUI / DWI charge will be aggressively challenged.

New Jersey drunk driving arrests are prosecuted in two ways – either as driving under the influence or violating the state’s “per se” laws. The traditional DUI charge focuses on whether the driver was too mentally and physically impaired to safely operate a motor vehicle. The second charge centers on whether the driver had a blood alcohol content (BAC) of .08 percent or greater.

A prosecutor will attempt to prove the traditional driving under the influence charge by introducing evidence such as driving patterns and field sobriety test performance. A “per se” drunk driving case is proven through evidence of the driver’s chemical test results.

Refusal to take the breath or blood test following a DWI / DUI arrest is admissible in court, and can also have severe driver's license consequences in addition to the standard penalties.

New Jersey has a 10-year “washout” period for drunk driving arrests, meaning that any arrest for drinking and driving that occurs 10 years or more after an earlier arrest is treated as a first-time DUI / DWI. The washout period is calculated from arrest date to arrest date.

Punishment for a multiple DUI / DWI offense is harsher in every respect than a first-time drunk driving conviction. The driver faces increased fines, jail time, driver's license consequences, and more.

Jury trials are not available in New Jersey drunk driving cases. People arrested for driving while impaired in New Jersey have a right to a court trial only, with the judge hearing the evidence and deciding the defendant’s guilt. A driver who loses a court trial has the right to request a "de novo" appeal on the record. The record is transmitted to the Law Division, Superior Court, a different judge reviews the DWI trial record, and the lawyers argue the facts and law that should apply.

New Jersey DWI cases are unique, since there is no pre-trial administrative driver's license suspension, as there is in many other states. The only driver's license consequences are imposed by the court.

The consequences of a conviction for driving under the influence can be severe. A driver convicted of a first-time New Jersey DUI / DWI offense faces up to 30 days in jail, a fine of $250 to $400 plus $355 in fees, an MVC surcharge of $3,000 payable over three years, and a driver’s license suspension.

If the offense is committed in a school zone, the driver faces up to 60 days in jail, a fine of $500 to $800 plus fees, and a one- to two-year driver’s license suspension.

The penalties for a second-offense drunk driving conviction are even harsher. The driver faces two to 90 days in jail, a $500 to $1,000 fine plus fees, a two-year license suspension, an MVC surcharge of $4,500 payable over three years, 180 hours of community service, and the requirement of an ignition interlock device.

A second-offense DUI / DWI committed in a school zone is punishable by mandatory jail time of 96 hours to 180 days (90 of which may be served performing community service), a fine of $1,000 to $2,000.00, and 360 hours of community service.

A motorist accused of driving under the influence for the third time in 10 years face a mandatory 180 days in jail (90 of which may be served in an in-patient drug and alcohol rehab program), a $1,000 fine plus fees, 12 hours of alcohol education, an MVC surcharge of $4,500 payable over three years), and the requirement of an ignition interlock device. If the offense is committed in a school zone, the driver faces an additional fine of $2,000.

The consequences of a New Jersey DUI / DWI conviction are severe, so it’s critical to have skilled legal representation. The experienced local attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline an aggressive defense strategy designed to minimize or even eliminate the repercussions of a New Jersey drunk driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.