Driving While Intoxicated
How to defend against a DUI charge?
It is important to remember that the State has the burden of proving its case against you. The State must show that you were operating a motor vehicle and while doing so your ability to drive was impaired by the consumption of alcohol or drugs, or that the amount of alcohol in your blood was above .08%. The State must show that the police had a lawful reason for stopping your vehicle, and that the police provided you with clear and proper instructions for any field sobriety tests (walk a straight line, stand on one leg, recite alphabet, etc.) that you were asked to perform. In addition proof must be shown that the breath test equipment was working properly, and that the police officer operating the equipment was trained and certified to administer the test. If the police made any procedural mistakes or if the breath test equipment was not functioning properly, it is possible that a dwi charge can be downgraded or dismissed.
DUI Penalty In New Jersey
A conviction for DWI has very serious consequences including:
- Suspension of New Jersey Driving privileges for between 3 and 12 months ( 1st offense)
- Suspension of New Jersey Driving Privileges for 2 years ( 2nd offense)
- Suspension of New Jersey Driving Privileges for 10 years ( 3rd and subsequent offense)
- Motor Vehicle Surcharges of at least $1000.00 per year for 3 years after conviction
- Attend Intoxicated Driver Resource Center for 12 to 48 hours
- Incarceration in county jail for 2 to 90 days for a 2nd offense
- Incarceration in county jail for 180 days for a 3rd or subsequent conviction
Our lawyers specialize in defending DUI/DWI cases through-out New Jersey. Contact us today for a free consultation.
Request A Free Consultation
1814 Route 70 East
Cherry Hill, New Jersey 08003
1 Eves Drive
Marlton, NJ 08053