New Jersey DUI Attorney

Protecting Your Rights, Freedom & Driving Privileges in NJ

Driving while intoxicated (DWI), or driving under the influence (DUI) as it's often referred to, is one of the most serious traffic offenses one can be charged with. A conviction for DWI in New Jersey will permanently remain on a driving record, as a DWI conviction cannot be expunged. In addition, you could face fines, imprisonment, and license suspension. At Roberts & Teeter, LLC, we fight to help our clients avoid the life-altering consequences of a DUI conviction.

While navigating the complexities of DUI charges, it's crucial to have a sound understanding of the legal process. This includes knowing your legal rights during a traffic stop, the procedures law enforcement must follow, and the potential defenses available. Understanding these elements can significantly impact the outcome of your case and bolster your legal strategy.

Our New Jersey DWI lawyers have a vast knowledge of New Jersey law and extensive trial experience. We continually stay abreast of all changes to the law. You can rest assured that you will have the most reliable legal advice and personalized legal representation from our attorneys.

If you have been charged with DUI, call (732) 607-5553 or reach out online to our New Jersey DUI lawyers for a free consultation. 

Understanding New Jersey DUI Laws

In New Jersey, a person can be charged with DUI when they operate a motor vehicle while under the influence of narcotics, hallucinogenic drugs, or alcohol. Every state has set its own laws and penalties for driving under the influence. The specifics of the law vary, leading to many questions after you have been pulled over. If you are facing a DUI charge, our NJ DUI lawyers are always happy to assist.

Penalties for a DUI conviction in New Jersey

• First Offense DUI – Up to 30 days in jail, fine of $250-$500, 12-48 hours at the Intoxicated Driver Resource Center, and license suspension until an ignition interlock device is installed on your car at your own expense, which must remain on the car for three months
• Second Offense DUI – Up to 90 days in jail, 1-2 year license suspension, ignition interlock device for up to 4 years after getting your license back, 48 hours in the Intoxicated Driver Resource Center, up to $1,000 in fines, $1,000 yearly surcharge for three years, and other fees
• Third or Subsequent Offense DUI – Up to 180 days in jail, driver's license suspension for 8 years, up to 4 years of an ignition interlock device after your driving privilege is restored, $1,500 yearly surcharge for 3 years, $1,000 fine, and other fees

If you are charged with DUI in New Jersey, you should not hesitate to contact a DWI attorney with specific experience representing clients in these cases. Our New Jersey DUI lawyers have handled more than 3,000 cases for our clients over the past decade.

View New Jersey's DUI/DWI Penalty Guide

Recent Changes in New Jersey DUI Law

In December 2019, some drastic changes to New Jersey’s DUI laws went into effect. The penalties you may be facing under the new law depend on your blood alcohol concentration (BAC) and whether this was your first or subsequent offense.

Some facts you may not know about New Jersey DWI law:

• The state of New Jersey does not plea bargain in DWI cases, which is why DWI matters need to be brought to trial.
• A DWI charge can be dismissed by the prosecutor if they believe there is a lack of evidence to prove the case.
• A DWI conviction is classified as a motor vehicle violation, not a crime. This is why a DWI conviction cannot be expunged.
• In some cases, the state may prove its case solely on a police officer’s observations and without a blood alcohol level.
• Driving in New Jersey is a privilege, not a right.
• If a driver under the age of 21 has a blood alcohol level of 0.01% or more, they will be charged with driving while intoxicated.

Since recent updates to the law, it's even more crucial to stay informed and consult with legal professionals who are up-to-date on these changes. This knowledge can help ensure your case is handled with the most current legal insights and strategies.

Refusing to Submit to a Breathalyzer Test in NJ

In the state of New Jersey, any individual who operates a motor vehicle on any public road or highway implies consent to having breath samples taken to determine the amount of alcohol in their blood. The sample must be taken with proper procedure and made in accordance with the provisions of the state of New Jersey. The sample shall be taken upon the request of a police officer who has reasonable grounds to believe the driver was driving while intoxicated.

The state of New Jersey keeps a record of the test, including the date, time, and result. Upon request, a copy of the record shall be given to the person tested. No sample shall be taken forcibly or against physical resistance. If a person refuses to submit, the police shall inform them of the consequences of refusing to submit to the test.

If convicted, a person who refuses a breath test can receive penalties such as:

• License suspension
• Fines
• Installation of an interlock device
• Referral to an Intoxicated Driver Resource Center

Depending on whether this is your first or subsequent DUI offense, your sentence could put you in jail for as many as 180 days and cost you up to $1,000 in fines. Your insurance rates will also skyrocket and make it difficult to afford to be able to drive. It is crucial that you hire a DUI defense lawyer in New Jersey in order to secure the best possible outcome for your case.

In order to be convicted of refusing to submit to a breath test, it must be proven that:

• The arresting law enforcement officer had probable cause to believe that the driver was intoxicated while operating the vehicle
• The individual was placed under arrest
• The person refused to submit to the test upon request by the officer

Common Issues with Field Sobriety and Chemical Tests

Law enforcement officers rely on field sobriety tests (FSTs) and chemical tests to determine impairment. However, these tests are not always reliable.

Common Issues with Field Sobriety Tests

• Poor weather or road conditions affecting performance.
• Medical conditions that mimic intoxication.
• Officer error in test administration.

Challenging Breathalyzer and Blood Tests

• A New Jersey DUI lawyer can question:
• Whether the device was properly calibrated.
• Whether the officer was certified to administer the test.
• The possibility of false readings due to medical issues or improper procedure.

How Can a DUI Lawyer In New Jersey Help You?

Hiring a lawyer who has experience in helping clients with DUI charges is essential for ensuring that you have all of the support and legal guidance that you need during a challenging time. Without a DUI lawyer by your side to help support and guide you, you may be putting your future and your reputation at risk.

A DUI attorney can help you in the following ways:

• Your lawyer will conduct a thorough investigation of your case to help ensure that the charges and evidence being used against you are legitimate.
• Your lawyer will collect valuable evidence that will help to support your case.
• Your lawyer will be there to provide you with important legal guidance that will help you avoid costly mistakes.
• Your lawyer will support you emotionally through the process, which can help alleviate your stress levels associated with your DUI charges.
• Your lawyer will fiercely represent you in court and fight to protect your rights and your future.

Contact an Experienced New Jersey DWI Lawyer

Our New Jersey DUI attorneys will review the facts of your case, and investigate the circumstances of your arrest, and the evidence against you to develop the most effective strategy for your defense. The penalties for driving while intoxicated are severe and have a lasting impact. The best thing you can do to potentially minimize consequences and ensure your rights are protected is to hire an experienced criminal defense attorney.

Please call our law firm at (732) 607-5553 or contact us online to discuss your case with a lawyer in our office. 

Frequently Asked Questions About DUI in New Jersey

What Happens If I Get a DUI in New Jersey?

Getting charged with a DUI in New Jersey initiates a legal process involving both administrative and criminal actions. Initially, you'll face a court hearing where the arresting evidence is reviewed. If convicted, penalties range from license suspension to fines and potential incarceration. Additionally, insurance premiums may sharply increase. Engaging a qualified DUI attorney early on can help navigate these proceedings and aim for reduced consequences.

How Can I Defend Against DUI Charges?

To effectively defend against DUI charges, it's essential to engage a knowledgeable legal professional who can evaluate the specifics of your case. Common defenses include challenging the legality of the traffic stop, disputing the accuracy of sobriety tests, and focusing on procedural errors by law enforcement. An attorney from Roberts & Teeter, LLC can tailor a defense that leverages these approaches, ensuring that every possible argument is presented to the court to reduce or dismiss charges.

Is It Possible to Have a DUI Expunged from My Record?

In New Jersey, DUI is considered a traffic violation rather than a criminal offense, and thus, it cannot be expunged from your record. This classification emphasizes the importance of mounting a robust defense from the onset since the impacts of a DUI conviction are long-lasting. Consulting with a DUI attorney about potential consequences and proactive measures you can take is vital.

What Is the Role of Field Sobriety Tests?

Field sobriety tests are standardized assessments used by law enforcement officers to gauge a driver's level of impairment. However, these tests are not foolproof and can be influenced by various factors, including medical conditions, environmental influences, and improper administration. A skilled attorney from Roberts & Teeter, LLC can scrutinize the test conditions and results for any inconsistencies or legal shortcomings, potentially using these in your defense strategy.

Should I Get an Ignition Interlock Device After a DUI?

In New Jersey, the installation of an ignition interlock device is often mandatory following a DUI conviction. This device requires the driver to provide a breath sample before the vehicle can be operated, ensuring they are not under the influence. While it can seem inconvenient, compliance with this requirement can facilitate reinstating your driving privileges sooner. Legal counsel can provide further guidance on the conditions and duration applicable to your situation.