New Jersey DWI FAQ
New Jersey DWI Defense Attorney
Former County Prosecutor – Municipal Prosecutor – Current Public Defender
If you have been charged with a DUI/DWI in New Jersey, I can help. I have been defending people charged and arrested for DWI, DUI, and Alcotest/Breathalyzer Refusal in New Jersey for over 35 years. For a Free and Confidential consultation contact me today at 908-643-6801 .
I also encourage people to visit my DUI information pages:
- 10 things to do if pulled over for a DUI
- Out of State DWI/DUI Penalties and Refusal Charges
What is the legal limit in New Jersey?
In New Jersey, the legal Blood Alcohol Concentration (“BAC”) limit is .08 %. So if your BAC is .08% or over it is illegal to operate a vehicle.
Is there a difference between a DUI and DWI in New Jersey?
The proper legal terminology for drinking and driving or driving under the influence in New Jersey is DUI. DUI encompasses both drinking and driving and driving under the influence of drugs. The reason DWI is used in many information articles is because of the commonality of the term.
What are some defenses to a DUI charge?
There are many ways to challenge a DUI/DWI charge in New Jersey. When making an arrest, officers must follow a very particular set of rules and any deviation from these rules can be grounds for a challenge. For example, the traffic stop must have been supported by reasonable suspicion or the charge must be dismissed. In addition to reasonable suspicion for the traffic stop, officers must also have probable cause that the driver is under the influence in order to conduct a chemical test (i.e. breathalyzer/alcotest or a field sobriety test). Furthermore, if the officers who conduct these tests are not certified to do so or the machine is not properly calibrated, the evidence may be thrown out of court. These are just three of many ways to challenge a DUI charge in New Jersey.
Will my DUI case be heard by a jury?
No. A DUI charge is a municipal traffic violation. In New Jersey, municipal offenses are heard by a judge. Only criminal offenses are heard before a jury. The bright side of having the charge heard in municipal court is that the resulting penalties will not exceed 6 months in prison and $1,000 in fines.
Do you have expert witnesses available to testify on my behalf?
In my 35 years of success defending DUI cases in New Jersey, I have used many expert witnesses that are experienced in testifying for DUI defendants and will continue to support the defenses I launch on my clients’ behalf.
If I am convicted, can I still drive to work?
Unfortunately, the answer is no. Unlike in many other states, New Jersey does not issue work or conditional licenses. However, one thing I am able to do in a great many cases is have my clients’ license suspension periods reduced.
What are the Motor Vehicle surcharges in New Jersey for DWI/DUI convictions?
The surcharges depend on whether this is a person’s first, second or third DUI offense. For a first and second DUI conviction, the surcharges are $1,000, to be paid once a year for three years. A third offense carries surcharges of $1,500 which also must be paid, once a year for three years.
Are roadblocks constitutional?
While roadblocks may be constitutional, they require officers to follow very specific guidelines in conducting them and if these guidelines are not followed, a particular roadblock may be considered unconstitutional and this may be grounds for dismissal. For more information about the constitutionality of roadblocks, visit my Roadblock Information Page.
NJ DUI Defense Lawyer
If you have been charged with a DUI/DWI in New Jersey, it is imperative that you contact an attorney immediately. I can assist you at 908-643-6801 with a Free Consultation. For information pertaining to DUI in different counties throughout New Jersey, I encourage people to visit my County DUI pages which are listed below.
I defend individuals against DWI, DUI, and Breathalyzer Refusal charges throughout New Jersey in Ocean County, Monmouth County, Essex County, Middlesex County, Hudson County, and Union County including the towns of Linden, Plainfield, Rahway, Roselle Park, Clark, Garwood, Mountainside, Elizabeth, Cranford, Westfield, Fanwood, and Berkeley Heights.