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DWI/DUI

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Robbinsville DUI/DWI Lawyers

DUI/DWI Lawyers Protect the Right Of Clients In Mercer County, Middlesex County, and Monmouth County, NJ

New Jersey laws governing driving while intoxicated by alcohol or drugs are purposefully strict in order to deter these actions, making it critical to contact an experienced DWI/DUI attorney if you have been arrested for this type of offense. Conviction for a DWI (also known as a DUI – but they are the same thing) offense in New Jersey — whether it is a first or subsequent offense — can have far-reaching implications in your life, significantly impacting your finances, your ability to work, and your freedom of movement.

Let us help. At Aydelotte & Scardella Law LLC, our DUI/DWI lawyers have successfully defended hundreds of clients who were arrested under suspicion of driving under the influence of alcohol or drugs. 

Experienced DUI/DWI Lawyers Develop Strategic Defense Of Charges To Reduce Penalties 

In New Jersey, the penalties for DUI/DWI conviction differ depending upon the individual’s blood alcohol concentration (BAC) at the time of arrest and whether the individual has had a prior  DUI/DWI conviction.  

If your BAC is between 0.08% and 0.10% and it is your first offense, the penalties in New Jersey are as follows:

  • Monetary fine of $250-$400 
  • Imprisonment for a period of up to 30 days 
  • Driver’s license forfeiture until an ignition interlock device is installed and the ignition lock is required for 3 months 
  • Mandatory participation in an Intoxicated Driver Resource Center for at least six hours a day for two consecutive days 
  • Payment of an automobile insurance surcharge of $1,000 a year for three years

For first offenders who have a BAC of 0.10% to 0.15%, the penalties are as follows:

  • Monetary fine of $300-$500 
  • Imprisonment for a period of up to 30 days 
  • Driver’s license forfeiture until an ignition interlock installed and the ignition lock is required for 7 months to one year 
  • Mandatory participation in an Intoxicated Driver Resource Center for a minimum of six hours a day for two consecutive days 
  • Payment of an automobile insurance surcharge of $1,000 a year for three years 

In New Jersey, first-time offenders with a BAC of 0.15% or more must install an ignition interlock device in their primary vehicle during the license suspension period of 4 to 6 months, and for 9 to 15 months after the drivers’ license has been restored. New Jersey penalties for subsequent DUI offenses increase with each repeat offense.

Marijuana DUI in New Jersey

In New Jersey, it is illegal to operate a motor vehicle while under the influence of an intoxicating narcotic, such as marijuana. A marijuana DUI can be proven by observational evidence.  Impairment from marijuana can be more difficult for law enforcement to assess, providing some opportunities for developing a strong legal defense.

Tenacious Defense Attorneys Aydelotte & Scardella Law LLC Think Outside the Box in Defending Clients Arrested for DWI and DUI Offenses 

In New Jersey, the prosecution is generally not permitted to negotiate to reduce the charges or penalties for a DUI or DWI, which are mandated by the state. Individuals accused of DUI also do not have the right to a trial by jury in New Jersey, which makes it especially critical to have a qualified DWI/DUI defense attorney to advocate on your behalf. At Aydelotte & Scardella Law LLC, our years of experience have taught us that there may be creative defenses available to our clients that we will utilize to the fullest extent.

Possible defenses to a DWI charge include:

  • The traffic stop was inappropriate, meaning that the law enforcement officers had no reason to pull you over
  • The breath test was inaccurate, possibly because the Alcotest machine was improperly maintained, or because of a medical issue
  • The field testing for sobriety was ineffective, which will require an evaluation of any sobriety tests that you were required to complete before the arrest
  • Problems with the chain of evidence or discovery process exist
  • Constitutional violations took place during a search, arrest, or interrogation
  • No valid probable cause for arrest existed

During a traffic stop, law enforcement officials will pay close attention to an individual’s behavior in order to evaluate the driver’s sobriety– even if suspected intoxication was not the initial motivation for the stop. While the police officer must have probable cause to suspect intoxication or drug use to order a field sobriety test, it is important to remember that it is an offense in and of itself to refuse breath testing using the Alcotest machine. If the officer ordered a breath test and you refused, the prosecutor can add this charge to the DWI charge.

Skilled Criminal Defense Lawyers Handle All Aspects Of DUI/DWI Charges 

Aydelotte & Scardella Law LLC handles all aspects of DUI/DWI charges, including the following:

Criminal defense lawyers at Aydelotte & Scardella Law LLC offer a free initial consultation. Contact our office to schedule your case evaluation today.

Frequently Asked Questions About DWI Charges In New Jersey

FAQ: What is the surcharge that must be paid after conviction for a DWI or DUI?

New Jersey law imposes a surcharge requirement that imposes substantial fines on all individuals who are convicted of driving while intoxicated (DWI) or driving under the influence (DUI). The surcharge applies in addition to otherwise applicable monetary fines and fees. For first and second offenders, the surcharge is $3,000, which is payable in $1,000 installments over three years. For third and subsequent offenders, the surcharge is $4,500, which is payable in $1,500 installments over three years.

FAQ: What does probable cause for arrest mean?

A law enforcement officer in New Jersey must have probable cause to arrest you for a charge of driving while intoxicated. Generally, a police officer can pull you over if they have reasonable suspicion that you were driving under the influence, or if you were speeding or committing another type of traffic violation at the time of the traffic stop. Probable cause to require field sobriety testing is generally established by the officer’s observations of your behavior and your appearance during the traffic stop, or by your erratic driving prior to the stop. While this is generally a low standard, a skilled criminal defense attorney can help craft a defense against improper traffic stops on the basis of a lack of probable cause.

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