Most people who are arrested on a charge of DWI / DUI are not looking to endanger others, but the fact remains that regardless of their intent, of the municipal courts of New Jersey will prosecute these people to the fullest extent of the law. Anyone who is charged with a DWI / DUI is at risk for substantial punishment. A licensed attorney, practiced in defending DWI's, can help you understand your risk and put you in a position to get the best possible result.
Basic Information about DUI / DWI and related charges in New Jersey
If you have been charged with a DWI / DUI it is in your best interest to at least talk to a New Jersey DWI / DUI attorney. Most of the time, the relatively small investment of hiring a DWI / DUI attorney will pay off in mitigating the damage that results from a DWI / DUI charge, but this can vary case by case.
A note on the 2011 change to NJ Law:
When reading websites, be sure to pay attention to whether the web site is referencing before or after changes in NJ law. Starting 2011, with the Chun case (you may see this referenced elsewhere) NJ established as a matter of law that a breathalyzer reading is assumed correct unless there is fault in it's use. Many lawyers in the past used questions regarding the validity of the breathalyzer as a key component of their defense, and will cite their results from those cases even though they can no longer use this approach or guarantee the same kind of results. Be sure that when you consult with a lawyer they are not continuing to use old tactics with new laws.
In the state of New Jersey an individual who is pulled over while driving with a blood alcohol content (BAC) greater than the law allows will be charged with a DWI. Below are the limits for BAC in order to legally operate a vehicle in the state of New Jersey
If you are convicted, there is no way to receive less than the mandatory minimum.
New Jersey Breathalyzer Refusal -> DUI Penalties Apply
Refusing to submit to a breathalyzer test is also a punishable offense in the state of New Jersey. This refusal could constitute as evidence which can be used against you in a court of law and your refusal could garner additional penalties if you are convicted of driving while intoxicated. In New Jersey, the penalties for breathalyzer refusal are mostly identical to DUI charges.
**UPDATE June 2014 - There is now a new NJ supreme court ruling stating that a breathalyzer refusal can count towards a DUI as a first offense.
Appealing a DUI / DWI Conviction
You have 20 days in order to file an appeal with the court
An appeal of your case with the assistance of a DWI / DUI attorney has a much higher rate of being overturned or reducing the punishment on convictions. You may have defended yourself, but you don't have to appeal alone. A successful appeal can remove all punishment including the attendance of an Intoxicated Driving Resource Center, and there are no penalties for appeal.
Author: Attorney Kyle L. Mastro
Kyle L. Mastro is a New Jersey Attorney practicing civil and criminal litigation. Mr. Mastro leverages excellent negotiation skills as well as confident cross examinations in order to achieve optimal outcomes for his clients. Mr. Mastro practices no-nonsense law and provides flat fee rates based on his experience with the amount of work typically involved, rather than leaving his clients with an unexpected bill at the end of their case.
Call (908) 240-7961 for more information
Note: I am often available after hours.
DUIs don't happen at convenient times, and sometimes you have a quick question after hours, or even something more complicated. I do my best to be available, and will usually either answer or call you back within a half hour. So please, don't hesitate to call and just leave a quick message with your name and number if I don't answer.
Flat Fee Pricing for DWI / DUI cases
Select counties, including: Somerset, Middlesex, Essex, Hunterdon, Morris, Monmouth and Union Counties
View Flat Fee Pricing Page
Before I take your case, I will review it with you and discuss how I think I can help you. This is free of charge so that both you and I can decide the best course of action. I won't take your case if I don't think you will benefit from my help - it doesn't do you any good, and I find that by only taking clients I can help, my business benefits from referrals and my time is better spent. All consultations are completely confidential, and no pressure.