Brought to you by Colorado DUI Drunk Driving Defense

Cinnamonsin, Clifton, Collingswood, Cranbury, East Brunswick, Eatontown, Edison, Elizabeth DWI Lawyers

  1. Cinnamonsin
    1. Albert Afonso: DWI is a serious offense in New Jersey. The Court must impose significant license suspensions, fines, surcharges, Intoxicated Driver Resource Center participation and in certain cases, jail and community service. The Division of Motor Vehicles must also impose a mandatory insurance surcharge from $3,000 to $3,500. Frequently, automobile insurance is also cancelled which can only be repurchased at the highest rates. A permanent record of the DWI conviction is also entered on the Drivers Abstract maintained by the New Jersey Division of Motor Vehicles. No work license is available during the period of suspension and penalties for operation while suspended for DWI require mandatory jail and additional license suspension. Penalties differ depending upon whether the offense is a first, second or subsequent offense.
  2. Clark
    1. Perrotta, Fraser & Forrester: Although DUI / DWI is a municipal court matter, it carries serious consequences. On conviction for a first offense, you will lose your license for seven months. On the second offense and third offense, you will incur mandatory jail time in addition to fines and loss of your license for a longer period. It is important to aggressively fight any charge of driving under the influence or driving while intoxicated.
    2. Prince & Portnoi: If you have been arrested for DWI, a moving traffic violation, or a drug charge, you need the timely help of an experienced attorney.
    3. Timothy Dey: After a defendant has been arrested and may have been released, he or she is required to appear for an arraignment. An arraignment is a court appearance in which defendant is brought before a judge or magistrate and apprised of the charges lodged against him or her. Ordinarily with respect to a misdemeanor offense, the defendant will only be arraigned once. However, with a felony offense, the defendant may be arraigned more than once if the offense is changed from the offense listed in the initial accusatory instrument.
  3. Clifton
    1. Rabinowitz, Fred: DUI with BAC of .10 or higher * $300 - $500 fine * $230 Intoxicated Driver Resource Center (IDRC) fee * $100 to drunk driving fund * $100 to Alcohol Education and Rehabilitation Fund (AERF) * $1,000/year (for three years) surcharge * $75 to Neighborhood Services Fund DUI with BAC of .08 but less than .10 * $250 - $400 fine * $230 IDRC fee * $100 to drunk driving fund * $100 to AERF * $1,000/year (for three years) surcharge * $75 to Neighborhood Services Fund Second DUI within 10 years * $500 - $1,000 fine * $280 IDRC fee * $100 to drunk driving fund * $100 to AERF * $1,000/year (for three years) surcharge * $75 to Neighborhood Services Fund Third DUI within 10 years * $1,000 fine * $280 IDRC fee * $100 to drunk driving fund * $100 to AERF * $1,500/year (for three years) surcharge * $75 to Neighborhood Services Fund
    2. Kridel Law Group: * Shoplifting * Drunk driving * Theft * Grand larceny * White-collar fraud * Embezzlement * Domestic Violence * Driving with no insurance * Driving with a suspended license * Speeding * DUI or DWI * Criminal Matters * Expungement * Tax crimes
    3. Rabinowitz, Fred: When you've been arrested for driving while under the influence of alcohol you really do need help. In New Jersey DUI charges have serious consequences. DUI charges have become a very serious matter, costing a first-time offender as much as $3,500. or more in fines, surcharges, higher insurance premiums, other charges, and the prospect of a criminal record. With that much at stake, itÕs worth it to hire a DUI lawyer.
    4. Fredson & Statmeyer: Drunk driving and DUI is undoubtedly a problem today, resulting in countless injuries and deaths each year. Simply being charged with DUI, however, does not mean you are guilty. In many cases, overzealous enforcement by law enforcement and aggressive prosecution has led to job loss and financial hardship for New Jersey residents who were not even impaired at the time of the arrest.
    5. Terence Scott: In many cases, problems with the law such as an arrest or conviction can be cleaned off a criminal record thus avoiding embarrassment, as well as provide one with both peace of mind and security when applying for school or a new job. In cases of certain convictions, students are ineligible to receive financial aid either for a yearl or permanently. In the Health Care field, recent legislation requires that records of all employees be checked to determine the existence of a prior record. By successfully expunging your prior record, your arrest and/or conviction(s) are sealed and removed from your criminal history. The expungement process involves an evaluation of your matter, and if applicable, applying for and obtaining a Court Order cleaning your criminal record, which removes these items from your past and prevents the future release of this information to prospective employers, agencies, schools, curious individuals, and law enforcement. The process takes approximately sixty (60) days from the date of filing, and typically cost from $1050. In many cases, no court appearance is required of you.
  4. Collingswood
    1. Steven Friedman: The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant.
    2. Cuneo & Hensler: Because so many municipal court matters actually settle, you need an experienced New Jersey municipal court attorney who knows the laws and knows how to work out a deal with the prosecutors. You have to be able to live with the way your issue is resolved...
  5. Cranbury
    1. Lehrich, Richard: Criminal Law.
    2. Kenneth A. Vercammen: The defense of a person charged with driving while intoxicated is a very difficult task. However, you should not automatically plead guilty without speaking with an attorney to save a few dollars. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending someone accused of involvement with alcohol. The following is the new DWI law in New Jersey N.J.S.A. 39:4-50 Driving While Intoxicated 39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject: (1) For the first offense: (i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section. A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L. 1966, c.73 (C. 39: 5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%. If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health and Senior Services. For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f). A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. (b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S. 39:5-22. Upon sentencing, the court shall forward to the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit a copy of a person's conviction record. A fee of $100.00 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L. 1983, c.531 (C. 26: 2B-32) to support the Intoxicated Driving Program Unit. (c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the chief administrator. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S. 39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section. (d) The chief administrator shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52: 14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act. (e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey. (f) The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the commission, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years' experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center's responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Alcoholism and Drug Abuse. Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply. Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75.00 for the first offender program or a per diem fee of $100.00 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months; (ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year; (iii) For a first offense, a person also shall be subject to the provisions of P.L. 1999, c.417 (C.39:4-50.16 et al.). (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L. 1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L. 1995, c.286 (C.39:3-40.1). (3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L. 1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L. 1995, c.286 (C.39:3-40.1). As used in this section, the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one Commissioner of Health and Senior Services in consultation with the Governor's Council on Alcoholism and Drug Abuse pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52: 14B-1 et seq.). The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52: 14B-1 et seq.), in order to effectuate the purposes of this subsection. (g) When a violation of this section occurs while: (1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property; (2) driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or (3) driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of not less than four years; and, for a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987, c.101 (C. 2C:35-7) may be used in a prosecution under paragraph (1) of this subsection. It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session. (h) A court also may order a person convicted pursuant to subsection a. of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant's physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility's personnel and the probation department: (1) a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers; (2) a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or (3) if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers. As used in this section, "appropriate victim" means a victim whose condition is determined by the facility's supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant. If at any time before or during a visitation the facility's supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant's counsel, and, if available, the defendant's parents to discuss the visitation and its effect on the defendant's future conduct. If a personal conference is not practicable because of the defendant's absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage. The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection. (i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $100, of which amount $50 shall be payable to the municipality in which the conviction was obtained and $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund. N.J.S.A. 39:4-50.14 Operation of a motor vehicle by person who has consumed alcohol but is under the legal age to purchase alcoholic beverages; penalties Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days. In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator. The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S. 2C:33-15, R.S. 33:1-81, R.S. 39:4-50 or any other law. N.J.S.A. 39:4-51 Sentence for violation of section N.J.S.A. 39:4-50 must be served; release on work release program A person who has been convicted of a first or second violation of section 39:4-50 of this Title, and in pursuance thereof has been imprisoned in a county jail or workhouse in the county in which the offense was committed, shall not, after commitment, be released therefrom until the term of imprisonment imposed has been served. A person imprisoned in the county jail or workhouse may in the discretion of the court, be released on a work release program. No warden or other officer having custody of the county jail or workhouse shall release therefrom a person so committed, unless the person has been released by the court on a work release program, until the sentence has been served. A person sentenced to an inpatient rehabilitation program may upon petition by the treating agency be released, by the court, to an outpatient rehabilitation program for the duration of the original sentence. Nothing in this section shall be construed to interfere in any way with the operation of a writ of habeas corpus, a proceeding in lieu of the prerogative writs, or an appeal. The administrator shall adopt such rules and regulations to effectuate the provisions of this section as he shall deem necessary.
  6. Cranford
    1. Richard Brightman: Defense of drunk driving charges in New Jersey can be very difficult. By law, you don't have the opportunity to plead guilty to lesser offenses, and every violation - including first offenses - carries an automatic suspension of your driver's license. A skilled defense attorney, however, has three main opportunities to protect your interests: ¥ Challenge the circumstances of your arrest by attacking the police officer's probable cause to stop your car, reasonable suspicion that you were driving under the influence, or search and seizure of incriminating evidence. ¥ Examine the circumstances of your blood alcohol test to see whether any errors in the calibration of the device, mistakes by the arresting officer, or in the preservation of the results can form the basis of the dismissal of the charges against you. ¥ On the basis of all of the circumstances of your case, work to ensure that the mandatory suspension of your license is closer to the minimum under the law.
    2. Ronald Aronds: Many good people find themselves in the upsetting position of being charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). Embarrassed or ashamed of the charge against them, they simply plead guilty to the charge in order to put the whole affair behind them. Considering how strict and potentially devastating the consequences of a DWI or DUI conviction can be, it is important to consult with an experienced attorney to see what your rights and defenses are in such a case. Punishments consisting offines, surcharges, loss of driving privileges, community service, and even imprisonment are some of the potential consequences of such a conviction.
  7. Danville
    1. Einhorn, Harris, Ascher, Barbarito & Frost: DWI/DUI Impact - Supreme Court Decision on Alcotest Breath Testing Device New Jersey Supreme Court holds Alcotest Breath Testing Device Reliable A decision in State v. Chun, et al, has been rendered by the New Jersey Supreme Court that held that the Alcotest breath testing device is scientifically reliable and may be used in convicting those charged with drunk driving offenses in the State of New Jersey. In a 131 page opinion, the Court established rules for the admissibility of the results of that breath testing device. This decision has important significance to all those people charged with DWI. It applies to all cases, past and present involving the alcotest breath testing device. Cases will be returned to court to determine if the prior test results were admissible. Those defendants who entered conditional pleas should contact an experienced attorney immediately to discuss the ramifications of the Chun decision on their particular case. Anyone now facing DWI charges should consult with an attorney to review their case to determine if the alcotest results can be used against them. The consequences of a DWI conviction are very severe. There are significant fines, penalties and loss of license. An individual with an alcohol level between .08% and less than .01% are subject to a three-month loss of license, while an individual with a .10% alcohol level is subject to a seven to twelve-month loss of license. Additionally, there is a penalty of $3,000 levied by the Motor Vehicle Commission as a DWI surcharge. The fines, penalties and license loss are far more significant for second offenders (2-year loss of license) and third offenders (10-year loss of license). The consequences are also significantly increased if the offense occurred in a school zone. For third offenders there is a mandatory period of incarceration of 180 days; 90 days of which can be spent in an inpatient rehabilitiation center. A DWI/DUI charge carries with it the greatest of consequences. Therefore, all DWI/DUI cases should be reviewed by competent counsel who is experienced in that field of law.
  8. Dover
    1. Johnson & Johnson: If youre facing a drug charge such as a New Jersey marijuana arrest, a DUI/DWI charge, a domestic battery crime, or other criminal charge, you cant afford to put your faith in a criminal defense attorney who doesnt know how New Jersey or federal law applies to your case.
Return to New Jersey DWI Lawyers