If you exceed the blood alcohol concentration (BAC) threshold of .08 in New Jersey while behind the wheel, you will need the services of a New Jersey DUI/DWI lawyer. New Jersey imposes harsh mandatory penalties on those that exceed this limit and even tougher enforcement on those that exceed .1% and operate a motor vehicle.
What is the usual penalty for drunk driving in New Jersey?
DUI exceeding the BAC of .10%
– $100 fine to the Alcohol Education and Rehabilitation Fun, $75 to Neighborhood Services Fund, $250 to Intoxicated Driver Resource Center
– 12-48 hours’ worth of time at the IRDC
– Jail time up to 30 days.
– $300 – $500 fine
o $1,000 yearly surcharge
– Ignition interlock device for .15% or greater
DUI with BAC between .08 – .1%
– $100 fine to the Alcohol Education and Rehabilitation Fun, $75 to Neighborhood Services Fund, $230 to Intoxicated Driver Resource Center
– 12-48 hours’ worth of time at the IRDC
– Jail time up to 30 days.
– $250 – $400 fine
– $1,000 yearly surcharge for three years
You may lose your license for up to 10 years if you are convicted of another DUI within 10 years of a second DUI and the fees and punishments for repeated convictions is very high, to account for punitive damages. New Jersey DUI is complex with additional punishments for DUIO in a school zone, refusing BAC testing and requirements for ignition interlock devices. You should consult with a New Jersey DUI lawyer to best understand the laws relating to your DUI violation.
Miscellaneous offenses that can be tacked onto the other offenses include:
– Driving with an open container
o 1st offense $200, 2nd offense $500 and 10 – 90 days in prison
– Driving with an existing DUI suspension will and 1 – 2 additional years to loss of license, in addition to a $500 with $250 yearly surcharge and a prison term of 10 – 90 days
– Driving with the possession of drugs carried a minimum $50 fine
Surcharges must be paid and the State can impose liens on property or garnish wages to force the surcharge to be paid. A license is suspended indefinitely while the surcharge remains outstanding.
What should I do before meeting an attorney?
When meeting with a New Jersey DWI lawyer, bring all information that can help or potentially hurt your case, including the ticket, results of breathalyzer tests and your account of the police stop and subsequent actions. It is especially important to note the conduct of the officers during the DWI stop as this could have a bearing on your case. You must not enter a plea before seeking an attorney as a New Jersey DWI lawyer will not be able to affect your sentencing beyond this point.
What are applicable alternative punishments in New Jersey?
– In lieu of jail time, the judge may sentence you to serve out the time that would have been spent in jail on community service or work punishments. Jail time is mandatory after the 3rd offense.
o The Sheriff Labor Assistance Program (SLAP) will put convicted drunk drivers to work on community service and other projects rather than spending the night in jail.
– The driver may be mandated to go to rehabilitation for alcohol abuse, if there is a reasonable suspicion that the driver has an alcohol problem.
– Electronic monitoring may be used to check if the driver consumes alcohol by monitoring alcohol excretion on the skin. This electronic monitoring can be used to also monitor the whereabouts of an offender, if they are absent from mandatory rehabilitation or prison commitments.
– There is the option of weekend jail where the offender can serve an offense Friday – Sunday, allowing the defendant to keep a regular job
How can a New Jersey DWI lawyer help my case?
You will need a New Jersey DUI lawyer to help you lessen the penalties associated with drunk driving. This will mean working out alternative punishment arrangement with the court in first and second drunk driving instances. Many penalties become mandatory on the third conviction and the New Jersey DUI lawyer will not be able to make much of a difference.
The New Jersey DWI lawyer may not be able to free you from all the penalties involved in your drunken driving case, but the lawyer can work to reduce or defer some of the penalties, such as jail time into alternative punishments, such as probation or alcohol education classes. You can work with your lawyer to prove that you need alchol rehabilitation treatment, which will also reduce the penalties imposed by the court.
Where to look for an attorney
The New Jersey State Bar Association is a good place to start your search for a medical malpractice lawyer. The New Jersey State Bar Association maintains a lawyer referral service for the public, as well as recognizing lawyers that work for the public interest through pro bono awards. The lawyer will be prescreened before being allowed to participate in the lawyer referral service
You may use this website to find a malpractice attorney. To do so, use the search box on top of all pages. You may also compare attorneys and ask free questions by clicking Find Attorneys on top of the page.
Evaluating your New Jersey DUI lawyer
As is the case with every type of lawyer, be wary of drunken driving lawyers that readily agree with you and make excessive promises that seem too good to be true. In most cases, the best the New Jersey DUI lawyer can do is reducing the nature of the violation to reckless driving and other moving violations that carry a less harsh penalty.
Relevant fees and arrangements
The fees to work on DUI cases tend to be high due to the difficulty of defending these cases and the needs of the client. Expect to pay a large amount of fees and the beginning of the case. The good news for those that need to defend against DUI charges is that these cases usually do not last very long, unless there is personal injury involved, in which case this is a lengthy criminal matter.
A retainer is the most likely arrangement for this type of case. Retainer is fee that remains in a trust account that the lawyer bills every time he or she performs a service related to your case. A New Jersey DWI lawyer may ask you to set aside a retainer fee. Leftover retainer can be returned to the client, but there is also a chance that the attorney will exhaust the retainer and require the client to refill the account. The retainer does not include court costs, which are also paid by the client. However, these fees, such as the fees for filing the case, are fixed.
Interviewing your attorney
The following questions are important when interviewing your attorney:
What fees do I pay for retaining services? Can I have that in writing?
Can I avoid the suspension of my driver’s license, under state law?
Is there any way these charges can be disputed?
Can I contact you directly if there is a problem?
Can you allow me to examine your credentials?
What is your experience with my circumstances?
If you cannot handle my case, can you refer me to a lawyer that can?
NJ DUI lawyers are essential to mounting a defense to drunken driving charges in New Jersey. While you almost certainly will not be able to have the charges against you dropped when you fail a chemical test, a DWI lawyer in NJ will be able to work to secure alternative punishments for you. NJ DUI lawyers will work with New Jersey’s unique DUI laws to keep you out of jail and if necessary convince the court to allow you to undergo rehabilitation in lieu of harsher penalties. You should seek out NJ DWI lawyers for consultation before going to court or entering a plea.