New Jersey Drinking and Driving FAQ
Do you need a New Jersey criminal defense lawyer who is highly experienced in defending DUI/DWI offenses? A drinking and driving charge in New Jersey can have lifelong consequences, and can seriously impact your ability to drive. Read the following information to answer any questions you may have about your DUI/DWI charges and call me at 908-643-6801 to find out how I can help you.
Why do I need a DUI defense attorney?
A person should never enter a plea or make any agreements with respect to a DUI charge without first speaking with an attorney, especially when the call is free. The penalties for a DUI are substantial and a guilty plea can never be expunged from your record. A single phone call can greatly change your circumstances by providing the legal advice needed to make an informed decision. To learn what can be done to defeat your DUI charge, contact Anthony N. Palumbo today for a Free Consultation at 908-643-6801 .
What are the penalties for a DUI in New Jersey?
The penalties vary based on whether the DUI is a person’s first offense, second offense, or third offense. However, most DWI convictions carry the possibility of at least 30 days in jail and a minimum 3-month license suspension. Additionally, there are monetary penalties of at least $1,000 and additional fines and additional costs approximating $800.
Will I lose my license? Can I get a conditional license to drive to work?
If you plead guilty to a DUI in New Jersey, you may lose your license for a minimum of three months without the possibility of a conditional license. In New Jersey, license suspension is a complete ban on driving and does not make an allowance for travel to and from work or to other necessary places.
However, there are many ways an attorney can prevent a conviction and reduce a DUI license suspension period. In some cases, you may be able to keep your license if you install an ignition interlock device in your vehicle, which requires you to pass a breath test in order to drive. It is always important to discuss your situation with an attorney prior to making a plea.
What will happen to me if I injure someone while drinking and driving?
If you were drinking and driving and you injured someone as a result, you may be charged with assault by auto or death by auto depending on the severity of the harm inflicted. These charges are very serious, but are much more difficult to prove without a solid DUI conviction. If an attorney can successfully challenge your DUI charge, you have a good chance of being relieved of the other charges.
What are the ways to challenge a DUI charge?
The first step in challenging a DUI charge is to scrutinize the legality of the traffic stop. There are many steps to this process, each of which can give rise to a challenge. All facts surrounding the stop will be scanned for defenses including the cause for making the stop and the administration of the blood and breath test or field sobriety test.
Even if you fail a breath test, the validity of the test itself can be questioned. Medications, health conditions, and even mouthwash can cause inaccurate test results.
Additionally, an attorney can challenge the case based on procedural errors that take place later in the case. An experienced attorney will explore all possible defenses when representing your case.
Is there a diversionary program for people convicted of a DUI in New Jersey?
Unfortunately there is not a diversionary program for individuals convicted of a DUI in New Jersey. A diversionary program allows first time offenders to forego the usual penalties on conviction in exchange for participation in rehabilitation programs and drug testing. In New Jersey, there are diversionary programs, such as conditional discharge or pre-trial intervention for certain drug crimes, but not for DWI offenders.
If I am convicted of a DWI in New Jersey, can I have my charges expunged from my record?
Unfortunately the answer to this question is no. While there are many minor offenses that can be expunged from a record in New Jersey, a DWI offense is not one of them. A DUI in New Jersey remains permanently on a person’s driving record.
Have More Questions? Schedule Your Free Consultation.
DUI and DWI cases, while relatively common, are very difficult to handle alone. When your driving record, insurance rates, driving privilages and even your career may be in jeopardy, you cannot trust just any attorney with your case. You need a DUI defense lawyer with a proven track record to defend your rights.
My firm offers free consultations to those accused of DUI/DWI. I will work with you one-on-one to fully understand the circumstances surrounding your arrest, and will fiercely advocate to minimize or eliminate the charges against you. Call 908-643-6801 to make an appointment, or reach out online to get started.