Bayonne DUI Lawyers

New Jersey upholds some of the most stringent driving under the influence (DUI) laws in the nation, even for first-time offenders. A DUI arrest can lead to significant consequences, but there are various defenses available.

Facing a DUI charge without legal assistance can result in severe repercussions affecting every aspect of your life, such as your ability to drive or maintain employment. At Kitrick, McWeeney & Wells, LLC, our experienced Bayonne DUI lawyers comprehend the gravity of your situation and provide comprehensive legal defense for individuals facing DUI charges.

Understanding New Jersey’s DUI Offenses

In New Jersey, it is unlawful to operate a motor vehicle while under the influence of alcohol or drugs or with a blood alcohol concentration (BAC) of 0.08% or higher. You can be charged with a DUI in two ways: operating a vehicle under the influence, regardless of BAC, or with a BAC of 0.08% or higher, irrespective of impairment. Additional associated charges include:

• DUI causing injury or death by auto
• Possession of an open container
• Refusal to undergo a breath test
• Underage drunk driving
• DUI with a minor passenger

DUI is classified as a traffic offense in New Jersey, meaning there is no entitlement to a jury trial. The outcome and penalties are determined by a municipal court judge based on the specifics of your case.

State laws prohibit prosecutors from offering plea bargains, charge reductions, or commuting charges. Therefore, seeking legal representation if charged with a DUI is crucial to explore avenues for having charges dismissed or securing the best possible outcome.

Penalties for DUI in New Jersey

Penalties vary depending on DUI history and aggravating factors. For first-time DUI offenses, potential penalties include:

• Fines ranging from $200 to $400
• Insurance surcharges
• Indefinite license suspension
• Mandatory installation of an ignition interlock device for three months
• Holding at an Intoxicated Driver Resource Center (IDRC) for up to 48 hours
• Up to 30 days of imprisonment

New Jersey’s Implied Consent Law

New Jersey operates under an “implied consent” law, requiring individuals stopped on suspicion of DUI to submit to an Alcotest breath test, commonly known as a “breathalyzer” test. Refusal can result in a separate offense and penalties independent of DUI charges.

Proving DUI Offenses in New Jersey

The burden of proof in DUI cases lies with the prosecution, who must establish guilt beyond a reasonable doubt. Under New Jersey law, the prosecution must demonstrate that you were operating a motor vehicle while under the influence of alcohol or drugs or with a BAC of 0.08% or higher. Only one of these factors needs to be proven, not both.

Refusing a Breathalyzer Test

Refusing a breathalyzer test in New Jersey due to implied consent laws can lead to license suspension and additional penalties. Prosecutors may argue that refusal implies awareness of exceeding the legal limit.

Ignition Interlock Device (IID)

An IID requiring a breath test before vehicle ignition is often mandated for certain DUI offenses in New Jersey. The duration of IID installation depends on the offense and prior convictions.

Expunging a DUI from Your Record

A DUI conviction generally cannot be expunged in New Jersey and remains on your driving record for a specified period, impacting employment, education, and housing opportunities.

Driving with a Restricted License Post-DUI

Depending on the circumstances of the case, individuals may qualify for a restricted license during the license suspension period. This license typically requires IID installation and allows travel for essential activities.

The Necessity of Legal Representation for DUI/DWI Cases

Although legal representation is not mandatory for DUI charges, working with experienced Bayonne DUI lawyers significantly enhances your defense strategy and potential outcomes, given the severity of DUI penalties.

Contact Our Experienced Bayonne DUI Lawyers at Kitrick, McWeeney & Wells, LLC for Legal Help

For experienced legal representation in DUI cases, contact Kitrick, McWeeney & Wells, LLC today. Our dedicated team of Bayonne DUI lawyers is here to fight for your rights. Schedule a free consultation to discuss your case by calling 732-920-8383 or submitting our online form. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.