Best DUI & DWI Lawyers in New Jersey

About DUI & DWI Law in New Jersey, United States

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious offenses in New Jersey. Both terms are often used interchangeably and generally refer to operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, or while impaired by drugs or alcohol. New Jersey maintains strict laws and enforcement practices to deter drunk and drugged driving. Penalties can include fines, license suspension, imprisonment, and mandatory educational programs, depending on the circumstances of the offense.

Why You May Need a Lawyer

Facing DUI or DWI charges in New Jersey can be stressful and complicated. Legal representation is highly recommended for several reasons:

• Understanding Charges: Legal language and procedures surrounding DUI and DWI can be complex.
• Protecting Your Rights: A lawyer ensures your rights are protected during questioning and court proceedings.
• Plea Negotiations: Lawyers can potentially negotiate reduced charges or penalties.
• Challenging Evidence: Issues with breathalyzer tests, field sobriety tests, or police conduct may be identified by an attorney.
• Minimizing Consequences: Professional guidance can minimize fines, jail time, or the length of license suspensions.
• Dealing with Repeat Offenses: Penalties are harsher for those with prior convictions, making legal counsel even more critical.

Local Laws Overview

New Jersey’s DUI and DWI laws are contained within N.J.S.A. 39:4-50 and related statutes. Key aspects include:

• Legal Limit: A BAC of 0.08 percent or above is grounds for DUI or DWI charges. Drivers under 21 can be charged with a BAC of 0.01 percent or above under zero tolerance laws.
• Implied Consent: By driving in New Jersey, you consent to submit to breath testing. Refusing a breath test can result in separate penalties, including license suspension.
• Penalties: Consequences for conviction depend on factors like prior offenses and BAC level. Penalties may include fines, jail time, community service, ignition interlock device installation, and license suspension.
• Drug DUI: These laws apply to both alcohol and drugs, including prescription medications that impair driving.
• No Plea Bargains for DUI/DWI: New Jersey prohibits plea bargaining for DUI or DWI offenses, except in limited circumstances where evidence is insufficient.
• Out-of-State Drivers: New Jersey will report DUI or DWI convictions to drivers' home states, potentially affecting your driving privileges elsewhere.

Frequently Asked Questions

What is the difference between DUI and DWI in New Jersey?

In New Jersey, DUI and DWI are essentially the same. The terms are used interchangeably to refer to operating a vehicle under the influence of alcohol or drugs.

What happens if I refuse a breathalyzer test?

Refusing a breathalyzer can result in license suspension, fines, and installation of an ignition interlock device. The penalties are separate from those for a DUI or DWI conviction.

Is jail time mandatory for a first offense?

Jail time is not mandatory for a first offense if your BAC is below 0.10 percent, but judges can impose up to 30 days in jail. Higher BAC or aggravating factors may increase the likelihood.

Will I lose my license if convicted?

Conviction may result in license suspension. The length of suspension depends on your BAC, number of offenses, and other factors.

What are the fines and penalties for DUI or DWI?

Fines can range from several hundred to thousands of dollars. Additional penalties include surcharges, community service, education programs, and increased insurance premiums.

What is an ignition interlock device?

An ignition interlock device is a breathalyzer installed in your vehicle. You must blow into it to start the car, and if alcohol is detected, the engine will not start. Installation is mandatory for certain offenders.

Can a DUI or DWI be removed from my record?

DUI or DWI convictions remain on your driving record indefinitely in New Jersey and generally cannot be expunged.

Do commercial drivers face stricter penalties?

Yes, commercial drivers are held to higher standards. The legal BAC limit is 0.04 percent, and penalties are often more severe.

How will a conviction affect my insurance?

A DUI or DWI conviction typically leads to significantly higher car insurance rates due to increased risk status.

What should I do immediately after being charged?

Document all details of the incident, do not discuss your case with police without a lawyer present, and contact an experienced DUI or DWI attorney as soon as possible.

Additional Resources

Consider consulting the following for more information or assistance with DUI and DWI cases in New Jersey:

• New Jersey Motor Vehicle Commission (MVC): Handles license suspensions and reinstatement.
• New Jersey Department of Law and Public Safety: Offers information on state laws and penalties.
• Local Municipal Court: Your case will likely be heard here. The court can provide details about your upcoming appearances.
• New Jersey State Bar Association: Can help refer you to a qualified DUI or DWI attorney.
• Legal Aid Societies: For those who cannot afford private counsel, legal aid may be available.

Next Steps

If you are facing DUI or DWI charges in New Jersey, act quickly to protect your rights. Here are some recommended steps:

• Document the details of your arrest, including dates, times, and the names of any officers involved.
• Do not discuss your case with authorities or on social media without legal representation.
• Reach out to an experienced DUI or DWI attorney in New Jersey for a consultation as soon as possible.
• Attend all scheduled court appearances and comply with any requirements imposed by the court or DMV.
• Take any required educational courses or assessments promptly to avoid additional penalties.
• Review your rights and responsibilities through the New Jersey MVC and other state resources.