Shapiro & Sternlieb:
The Legal Maze Of DWI / DUI
by David H. Sternlieb, Esquire
This month, in our continued effort to inform the public about the legal system, we will explore some of the consequences of being arrested for driving a motor vehicle while under the influence of alcohol, commonly known as DWI/DUI. It is important to keep in mind that this article is intended for informational purposes only, and, that no article can ever serve as a substitute for the advice of an experienced attorney familiar with all of the facts and circumstances of a particular client and his or her case.
Let’s face it – driving a motor vehicle while under the influence of intoxicating liquor is a dangerous, and, too often, deadly combination. It is also illegal. In fact, because drinking and driving is such a dangerous thing to do, New Jersey law treats it as the most serious of all non-criminal motor vehicle offenses. Many people do not realize that in addition to intoxicating liquor, it is also illegal to drive while under the influence of a hallucinogenic, narcotic, or habit producing drugs. Therefore, if you take a prescription medication, such as a narcotic pain killer, that contains a warning about its affects on your ability to drive, you should take it very seriously and think twice about driving while under it’s influence.
A typical DWI/DUI fact pattern reads as follows: a motorist decides that he’s o.k. to drive home from a bar, restaurant, visiting friends or relatives, or from a party after consuming a number of drinks of liquor over several hours. To be extra careful, the motorist drives extra slow, but doesn’t realize he is failing to stay in his lane and is steering somewhat erratically and maybe hitting the brakes a few too many times. A police officer on patrol observes this erratic driving, and, based on his special training and experience, decides to pull the motorist over. Upon approaching the driver’s window and asking for the driver’s license, insurance card and registration, the officer smells the odor of liquor coming from inside the car or on the driver’s breath.
Now, the situation escalates and the officer asks the driver if he’s had any liquor to drink which the driver admits; the officer then asks the driver to step out of the car to perform a series of physical tests such as walking heel-to-toe on a straight line, some manual dexterity and coordination tests, to recite a portion of the alphabet, and, even examines the driver’s eyes for signs of intoxication which the officer has been specially trained to recognize. Based on the driver’s erratic driving, poor performance on the roadside tests, and admission to having consumed liquor before driving, the officer places the driver under arrest for DWI/DUI, handcuffs him, places him in the patrol car, calls a tow truck to tow his car, and brings the driver to the police headquarters for further processing and to administer the Breathalyzer test.
If the driver refuses to provide breath samples for the Breathalyzer machine, he will be charged with a separate serious offense for his refusal to submit samples of his breath. If he does submit breath samples which are analyzed by the machine to show an alcohol concentration in the driver’s blood of .08% or higher, the test results may be used as evidence to establish the driver’s intoxication while driving. If the police wish, instead of using the Breathalyzer machine, the driver may be brought to a hospital for a blood test to measure his blood-alcohol content.
Being arrested for and convicted of DWI/DUI in New Jersey presents very serious consequences in terms of one’s freedom, financial hardship, and driving privileges, among other things. A first time offender who is convicted of DWI/DUI with a blood alcohol content of at least .08%, but less than .10% faces a fine of $250-$400, court costs, 12 to 48 hours of mandatory attendance for evaluation, counseling and education at a IDRC or intoxicated driver resource center, in the judge’s discretion, up to 30 days in the county jail, a 3 month suspension of driver’s license, mandatory additional fines and surcharges totaling $325, participation in a program of community service or in a supervised visitation program as a special condition of probation, may order the installation of an interlock device on the driver’s ignition to prevent it from working for a period of from 6 months to 1 year, and, finally, the driver must satisfy all attendance, counseling and referral requirements of the IDRC or he/she will face a mandatory jail term of 2 days and continued driver’s license suspension until all of the IDRC requirements are completed.
A first time offender with a blood alcohol content of .10% or higher faces a fine of $300 to $500, court costs, 12 to 48 hours of IDRC attendance, a jail term, if the judge wishes, of up to 30 days, driver’s license suspension from at least 7 months to 1 year, additional fines and surcharges totaling $325, participation in a program of community service or in a supervised visitation program as a special condition of probation, may order the interlock device on the driver’s ignition for 6 months to 1 year, and, as stated above, satisfaction of all of the IDRC’s requirements and referrals or face jail time and continued license suspension until the IDRC is satisfied.
Because DWI/DUI is such a problem in New Jersey , it is an offense that is punished progressively harsher with each subsequent conviction, and, for certain aggravating factors like DWI/DUI while on school property. For example, if someone is convicted of a third DWI/DUI, he/she faces a $1,000 fine, not less than 180 days in the county jail, unless the judge orders that 90 of the sentence may be served in an inpatient rehabilitation program approved by the IDRC, driver’s license suspension for 10 years, various additional surcharges and fines totaling $325, supervised probation or community service, mandatory installation of an interlock device for from 1 to 3 year or revocation of all vehicle registration certificates and license plates for 10 years, and, of course, full compliance with the IDRC’s requirements and recommendations or face additional jail and license suspension.
Did you know that a first time DWI/DUI offender driving on school property faces enhanced fines, jail time up to 60 days, and license suspension from 1 to 2 years, among other penalties? Did you know that when you are granted a New Jersey driver’s license, the law says that you automatically and impliedly consent to providing samples of your breath for Breathalyzer analysis upon request of a police officer? Did you know that if you refuse such a request, whether you are in fact intoxicated or not, you may be convicted of the offense of Refusal to Submit to a Chemical Test, face up to $500 in fines, license suspension of from 7 months to 1 year, other fines, surcharges and penalties, including the IDRC?
Did you know that if you operate a commercial vehicle while your blood alcohol content is .04% or higher, you may face suspension of your CDL (commercial driver’s license), and additional significant fines, penalties, and surcharges? Did you know that if convicted of DWI/DUI, in addition to all of the Court ordered fines and penalties, the State will require you to pay thousands of dollars in mandatory surcharges for years? Did you know that if you are under the age of 21 and drive with any alcohol in your system, regardless of how low the blood alcohol content, you may face conviction of a section of the DWI/DUI laws pertaining to underage drinking and driving and receive license suspension, fines, and other penalties? Did you know that you could go to jail for driving on the suspended list when your suspension is for DWI/DUI?
The above information and fact pattern are just a small sample of the important aspects of DWI/DUI in New Jersey . There are simply too many serious ramifications to DWI/DUI to include in one newspaper article. It is sufficient to conclude that DWI/DUI is a very serious and complex matter that requires the assistance of an experienced lawyer to analyze the case, determine if the arrest was appropriate and whether there are any defenses available to the accused. An experienced defense attorney will review the police reports, also called “discovery,” to see if there was a legitimate reason for the police to pull over the driver, to see if the Breathalyser machine was in proper working order, whether the maintenance history of the machine may be relevant to the defense of the accused, whether the officer operating the Breathalyzer was properly certified to operate the machine, whether all required procedures were followed in the stop, testing, arrest, and processing of the accused.
The overall impact of a DWI/DUI conviction goes well beyond the courtroom. The loss of driving privileges, mandatory IDRC attendance, community service, and serving jail time quite often translates into an impediment to working and earning a living in order to support one’s self and family. The effects of the fines, surcharges, and other penalties have an adverse economic impact on those convicted of DWI/DUI and their families for years to come. Lastly, some people convicted of DWI/DUI with suspended licenses choose to drive anyway because they believe they won’t get caught or because they think they have no choice in order to support their families. Such a decision to drive while suspended is very unwise since it too often leads to a vicious and expensive cycle of being arrested for driving while suspended, years of additional license suspension, thousands of dollars in fines, penalties and surcharges, and long jail sentences in the county jail which get progressively longer with each subsequent offense of driving while suspended.
So, what’s the best advice you can get from one newspaper article regarding DWI/DUI? That’s an easy one: DON’T DRINK AND DRIVE. What’s the next best advice? If you have been dragged into the serious and complex legal maze because you were arrested for DWI/DUI, you should consult with an attorney with the skill and experience to handle such a case who will vigorously defend your rights and provide you with appropriate information about your options.
David H. Sternlieb is an experienced trial attorney and partner in the law firm of Shapiro & Sternlieb with offices in Manalapan, Freehold, and Eatontown. Mr. Sternlieb, a former prosecuting attorney in Middlesex County and Brooklyn, and his firm have defended those accused of DWI, traffic offenses and serious criminal offenses, among other matters, for many years. The firm also has Spanish speaking staff to assist their clients. You can reach them at 732-617-8050.