Manasquan DUI Lawyers

Driving under the influence (DUI) is a serious offense in New Jersey, and the consequences of a DUI conviction can be severe. At Kitrick, McWeeney & Wells, LLC, we have seen firsthand the impact that DUI-related accidents can have on individuals and families.

What Constitutes a DUI in New Jersey?

In New Jersey, a person is considered to be driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher. This is the legal limit for drivers over the age of 21. For commercial drivers, the limit is even lower at 0.04%, and for those under the age of 21, New Jersey has a zero-tolerance policy, meaning any detectable amount of alcohol in the system can result in a DUI charge.

However, it is important to note that a person can still be charged with DUI even if their BAC is below the legal limit. If law enforcement officers believe that your driving is impaired due to alcohol or drugs, you can be charged with a DUI. This includes impairment from prescription medications, over-the-counter drugs, and illicit substances.

What Are the Penalties for a DUI Conviction in New Jersey?

The penalties for a DUI conviction in New Jersey can vary depending on several factors, including the driver’s BAC, whether it is a first-time offense, and whether the DUI resulted in an accident or injury. Here is a breakdown of what you might expect:

• First Offense: If you are convicted of DUI for the first time and your BAC is between 0.08% and 0.10%, you could face fines ranging from $250 to $400, up to 30 days in jail, and a three-month suspension of your driver’s license. You may also be required to attend an alcohol education program at the Intoxicated Driver Resource Center (IDRC). If your BAC is 0.10% or higher, the fines increase, the license suspension can extend up to seven months to one year, and the jail time remains the same.
• Second Offense: A second DUI offense within 10 years of the first can result in fines between $500 and $1,000, a mandatory jail sentence of 48 hours to 90 days, and a license suspension of two years. Additionally, you will be required to install an ignition interlock device on your vehicle for one to three years after your license is restored.
• Third Offense: A third DUI offense within 10 years of the second offense carries even harsher penalties, including a fine of $1,000, a mandatory jail sentence of 180 days, and a 10-year license suspension. The installation of an ignition interlock device is also required for one to three years after the license is restored.

What Happens if You Are Involved in a DUI-Related Accident?

If you are involved in an accident while under the influence of alcohol or drugs, the consequences can be even more severe. In addition to facing DUI charges, you could also be held liable for any injuries or property damage that resulted from the accident. This could lead to civil lawsuits, and if the accident resulted in a fatality, you could be charged with vehicular homicide, which carries significant prison time and hefty fines.

Being involved in a DUI-related accident is a frightening and overwhelming experience. It is important to know that you have legal options and that you do not have to navigate this difficult time alone. Seeking legal representation can help protect your rights and ensure that you receive fair treatment under the law.

What Should You Do if You Are Pulled Over for Suspected DUI?

Being pulled over for a suspected DUI can be a stressful experience, but it is important to remain calm and know your rights. Here is what you should do:

• Pull Over Safely: As soon as you see the flashing lights, pull over to the side of the road safely and turn off your vehicle. Stay in your car with your hands visible on the steering wheel.
• Be Polite and Cooperative: When the officer approaches your vehicle, be polite and cooperative. Provide your driver’s license, registration, and proof of insurance when asked.
• Exercise Your Right to Remain Silent: You have the right to remain silent and avoid self-incrimination. You are not required to answer questions about where you have been or whether you have been drinking.
• Field Sobriety Tests: You have the right to refuse field sobriety tests, although refusal can result in an arrest.
• Chemical Tests: New Jersey has an implied consent law, which means that by driving, you consent to chemical testing (breath, blood, or urine) if law enforcement suspects you of DUI. Refusing a chemical test can result in automatic license suspension and additional penalties.
• Contact an Attorney: If you are arrested for DUI, it is crucial to contact an attorney as soon as possible. An attorney can help you understand the charges against you and develop a defense strategy.

Can You Challenge a DUI Charge?

Yes, it is possible to challenge a DUI charge in New Jersey. There are several defenses that may be available depending on the circumstances of your case. Some common defenses include:

• Improper Stop: If law enforcement did not have a valid reason to pull you over, any evidence obtained during the stop may be inadmissible in court.
• Faulty Testing Equipment: Breathalyzers and other testing equipment must be properly calibrated and maintained. If there is evidence that the equipment was faulty or improperly used, the results of the test may be challenged.
• Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can affect BAC readings and lead to false positives. An attorney can present medical evidence to challenge the accuracy of the test results.
• Violation of Rights: If your constitutional rights were violated during the arrest or testing process, any evidence obtained may be excluded from your case.

It is important to consult with an attorney to determine the best defense strategy for your specific situation.

How Can an Attorney Help You After a DUI-Related Accident?

If you are involved in a DUI-related accident, an attorney can help you navigate the complex legal process and protect your rights. An attorney can assist with:

• Understanding the Charges: An attorney can explain the charges against you and what to expect in court.
• Negotiating Plea Deals: In some cases, an attorney may be able to negotiate a plea deal with the prosecution, which could result in reduced charges or penalties.
• Representing You in Court: If your case goes to trial, an attorney can represent you in court and present a defense on your behalf.
• Handling Civil Claims: If you are facing civil lawsuits as a result of the accident, an attorney can help defend you against these claims and negotiate settlements.

Driving under the influence is a serious offense in New Jersey, and the consequences of a DUI conviction can have a lasting impact on your life. If you are involved in a DUI-related accident, it is essential to seek legal representation to protect your rights and ensure that you receive fair treatment under the law.

The Manasquan DUI Lawyers at Kitrick, McWeeney & Wells, LLC Will Help You Today

A DUI offense can lead to devastating consequences. The Manasquan DUI lawyers at Kitrick, McWeeney & Wells, LLC understand the challenges that come with DUI charges. If you have any questions or need legal assistance, do not hesitate to contact us at 732-920-8383 or fill out our online form for a consultation. Our offices are located in Manasquan and Brick, New Jersey, and we proudly serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County, New Jersey.